off sick

[craigw]

Hi , just looking for a bit of advice been off work since September and think my employer might be wanting me to resign.i was not paid this month and when I phoned up to query this wage dept says oh we forgot about it (half pay by the way) I have never been contacted by hr or offered any assistance in starting back and it seems they just don't care.a line manager phones now and again to see how things are. Should I just resign thanks

[orfoster]

Re: off sick

Hi, and welcome to Legal Beagles.
You could try and have a Protected Conversation with your employer See here http://www.acas.org.uk/media/pdf/o/a...e)JULY2013.pdf.

With a view to getting a Settlement Agreement, you're now down to half pay, you haven't said why you are off sick but it seems as though you don't have any intention of going back?

Your employer must pay you though in accordance with your contract.

However, that said, unfortunately at some point the employer will decide the absence is no longer sustainable and they'll start procedures against you. If negotiated a settlement agreement could include an agreed reference which is very important in these kind of cases where a relationship has broken down.

[stevemLS]

Re: off sick

In all probability the OP's sick pay will run out this month, I have never seen contractual sick pay last more than 12 months (others may have?).

If that is right, it is difficult to see why the employer would want to enter into a settlement agreement.

[orfoster]

Re: off sick

Well spotted, sorry I didn't do my maths there!

They may want to given Annual Leave will have accrued and depending why the OP is off sick etc now to get it all sorted in that way.

[stevemLS]

Re: off sick

They might certainly be more willing to engage if the reason for absence is in any way work related?

[craigw]

Re: off sick

They might certainly be more willing to engage if the reason for absence is in any way work related?

Hi guys Thanks for your help am off with damaged discs and neurological pains.which may or may not be work related I haven't really thought about it in that way it was just the way I wasn't paid this month got me thinking they wanted rid of me .

[orfoster]

Re: off sick

That does change things, although a settlement agreement doesn't include settling personal injury. Do you have legal expenses insurance on your house? Or are you a member of a union?

[craigw]

Re: off sick

No insurance and not in a union

[orfoster]

Re: off sick

It's not the end of the world but it is worth considering one if not both, the world of litigation is quite costly and these insurances are there to assist with that. I think legal expenses insurance is about £20 per year.

You could contact a solicitor about your potentially work related injury and have them assess the merits.

You could also write to your employer asking for Occupational Health as you can't come back to work unless they give you reasonable adjustments, if your condition is long term you could be covered by the Equality Act, this is where your union would help you usually as they would know.

What sector do you work in?

[Johnboy007]

Re: off sick

Statutory sick pay is paid by your employer for up to 28 weeks, after which time it will cease.
You should check your contract of employment, and company rules on sickness pay.
A company can lawfully dismiss you for long term sickness, as quite rightly, they do have a business to run.
You can be dismissed if you have a persistent or long-term illness that makes it impossible for you to do your job.
Before taking any action, your employer should:

• look for ways to support you - eg considering whether the job itself is making you sick and needs changing
• give you reasonable time to recover from your illness

If you have a disability (which may include long-term illness), your employer has a legal duty to support disability in the workplace.
Dismissal because of a disability may be unlawful discrimination.


Never ever resign.

If you don’t qualify for SSP, your employer must give you form SSP1 within 7 days of your illness.

If your sick pay has come to an end, ask your employer for this form SSP1.

You can use this to apply for Employment and Support Allowance (ESA) instead.