Off Sick and Terminating my contract after 10 years work

[woodymanuk]

Hi All,

i had a car crash (i was the passenger) in April 2012 and this has left me with chronic migraines.

I have 4 to 6 a week and this has left me unable to work.

I have a meeting with my employer next week and they have implied that unless i can give them a reasonable date to start back to work (I'm still under treatment and awaiting further treatment) they are going to terminate my contract. I am Pub manager

I have worked them for over 10 years.

I have seen a Dr twice that my employer has asked me to see, and he agree that at present i cannot return to work, even on modified duty/other position.


I understand this from a business point of view but can i get them to hold off on terminating my contract ?
If not am I entitled to compensation ? holiday pay etc as my condition is beyond my control

Pre thankyou for all your advice

Sara

[FlamingParrot]

Re: Off Sick and Terminating my contract after 10 years work

i had a car crash (i was the passenger) in April 2012 and this has left me with chronic migraines.

If not am I entitled to compensation ?

Any compensation would have to be from the party responsible for your accident, not your employer since it wasn't a workplace accident.

holiday pay etc as my condition is beyond my control

You are entitled to holiday pay for a certain number of days every year, no more than that.

You should be entitled to Statutory Sick Pay while you are employed. Some employers have a more generous sickness policy, for example, you'd get up to a certain number of days/weeks/months off sick on full pay as long as you have a doctor's note. This would depend on what your contract of employment says.

[Johnboy007]

Re: Off Sick and Terminating my contract after 10 years work

Hi Sara,
Your employer can 'fairly dismiss' you if you have a persistent or long-term illness that makes it impossible for you to do your job.
You are entitled to notice or compensation in lieu of that notice.
The statutory notice required is:

• one week if the employee has been employed between one month and two years
• one week for each complete year of employment (up to a maximum of 12 weeks) for example, for two year employment the notice period will be two weeks, for six years of employment the notice will be six week.

You should also be entitled to your holiday pay, but check the terms and conditions of employment to see if there is any clause entered into them.

[ironman]

Re: Off Sick and Terminating my contract after 10 years work

You mention 2012 and persistEnt chronic migraines. Do you now fall under the Equality Act as designated Disabled?

Has your employer sent you to Occupational health to make that decidion?
Has your employer considered any reasonable adjustmants he might be able to make?


Has your employer considered or made active enquiries within the business to find you alternative employment prior to any dismissal procedure within the business, even on a different grade?.

[woodymanuk]

Re: Off Sick and Terminating my contract after 10 years work

Sorry for the delay in getting back to you all.

I have a meeting this morning with my employer at 11am.

The reason for the meeting as put in the letter from my employer is.

“As this meeting is about your capability to do the job, it will be concerned with your future continued employment and therefore you may wish to be accompanied by a fellow employee or trade union representative.

I have to inform you that the Company cannot reasonably keep your job as General Manager indefinitely and that unless a date for return to work can be agreed, or a suitable alternative found, then notice of termination of contract may have to be considered.”


I have been twice referred to the companies’ independent occupational health doctor and have attended both times.

He has put in his last report that my condition would in his opinion, be considered a disability under the Equality Act.

I have attached the answers to the questions that my employer asked the OH doctor if that helps.

To answer your questions in turn:

1. She is not fit to undertake any aspect of her current role at the present time and remains unfit
for work.

2. Adjusted duties would be appropriate and has previously been recommended, and again she is
not fit for any work at the present time. When she recovers sufficiently a gradual and phased
return would be considered appropriate.

3. Her performance has been affected by ill health. This has continued now since the accident
over 2 years ago and there has been little change or improvement during that period. The
future is uncertain. Any improvement will follow a new line of treatment, which she is expecting
and waiting for, and has been told there is a 60% chance of this resulting in improvement over
a 12 month period, which would suggest that it will take another year before she is considered
fit for part-time work which may lead to full-time work subsequently.

4. She will be capable of regular and efficient service in the future but only once she has
recovered.

5. Her condition would, in my opinion, be considered a disability under the Equality Act.

6. She is not receiving any treatment at the present time although is on medication and is
currently taking Topiramate 50 mg twice a day, Gabapentin, Rizatriptan, Citalopram,
Domperidone, the contraceptive pill, and she uses Seretide and Ventolin for her asthma.

7. There is no specific action the company can take in this case. It is clear that she has an injury
outside work and is not making much progress, even now after more than 2 years.

8. As far as the prognosis is concerned it is uncertain some improvement is expected within the
next 12 months, but, on the balance of probabilities, a full recovery will not be achieved at the
end of this period.

9. Although she is fit to attend meetings her migraine headaches are unpredictable, and on days
where the headaches strike she is unable to manage any reasonable meaningful dialogue.

[ncf355]

Re: Off Sick and Terminating my contract after 10 years work

Have you taken any advice regards taking legal action for loss of income against the person responsible for the accident? (their insurer?)

I have no experience of P.I, this is merely a laymens comment but it would seem the employer is behaving in a reasonable manner - you cannot expect them to keep your job for an indefinite time when the accident that caused the situation was caused by a 3rd party, irrespective of your previous good work history.

From an outsiders point of view it would appear they have already been very generous in keeping the role open for in excess of 2 years.

If it were me, I would seek legal advice on a No Win, No Fee arrangement to sue for damages against the person who caused the accident as you clearly have medical reports that would support such a claim for loss?

[Johnboy007]

Re: Off Sick and Terminating my contract after 10 years work

Hi,
Yes it does appear that your employer is behaving in a correct manner according to legislation.
By the time you read this, you would have had your meeting with him, and be in a better position to advise us of the outcome.
I hope it is good news.

[woodymanuk]

Re: Off Sick and Terminating my contract after 10 years work

Morning all,

thanks for all your advice and help.

I just just didn't know where I stood and what to expect and wanted to make sure my employer was doing everything correct.

Well I have had the meeting and as first thought my employer terminated my contract, they was all nice about it.

They have agreed to pay me 10 weeks plus my holiday over the last 2 years and I can keep my shares in the company.

They have even asked me to keep them updated on my recovery and also suggested that once fully fit I can reapply for a job and work for them again.

thanks again for all your help.

[Johnboy007]

Re: Off Sick and Terminating my contract after 10 years work

Morning all,

thanks for all your advice and help.

I just just didn't know where I stood and what to expect and wanted to make sure my employer was doing everything correct.

Well I have had the meeting and as first thought my employer terminated my contract, they was all nice about it.

They have agreed to pay me 10 weeks plus my holiday over the last 2 years and I can keep my shares in the company.

They have even asked me to keep them updated on my recovery and also suggested that once fully fit I can reapply for a job and work for them again.

thanks again for all your help.

Hi Woody,
Well mate, I hope at least you are reasonably happy with the severance pay and other things.
Good luck for the future...:thumb:

[ncf355]

Re: Off Sick and Terminating my contract after 10 years work

Hi Woody

Whilst not the best for you, I think that was a really good outcome, sounds like they have been as generous as they can be

Are you going to consider taking legal action, as obviously you could claim for loss of earnings up to the point you are deemed fit for full time work?

(I don't work for an ambulance chaser - just an observation!)

[MIKE770]

Re: Off Sick and Terminating my contract after 10 years work

just a note:- A work mate years ago fell ill and ended up with an operation, on recovering in hospital had a visit from somebody from the company to inform them they were to be replaced in view of their situation, not being able to work again! strange as this case I put to the district TGWU at the time and their case was taken up, in the end the company paid max compensation £5,000 unfair dismissal in in those days, the reason when a form submitted to a tribunal a question as to why they dismissed him even to extent he was still in hospital recovering, the other side collapsed when prior to tribunal were told his profession now as a court usher!!!!!!!!!!!!