Work - end of sick pay meeting

[Slp]

Hi I'm after some advise , my dad has had 2 heart attacks in the last 6 months his employers have paid him sick pay , which has now come to an end - he has received this letter from his employer ... Any advice would be great he does not have a lawyer ! An has a terrible memory which has happened since his heart attacks an we are concerned

[matt3942]

Re: Work - end of sick pay meeting

Hi [MENTION=64178]Slp[/MENTION] - forgive me if I'm missing something but what are you specifically seeking advice about?

- Matt

[teaboy2]

Re: Work - end of sick pay meeting

Reading the letter it would seem they are looking at making your father a financial settlement to terminate his employment, previously known as a compromise agreement, but now referred to (as per in the letter also) as a Settlement Agreement.

They have also offered to pay reasonable costs for your father to have a solicitor present - Therefore cover the bill that the solicitor would otherwise charge your father.

I suggest you go with your father to a solicitor, with a copy of the letter - Try get a free first consultation or free 1hr consultation, and arrange for the solicitor to be present with your father. You may still go with your father, but you won't be allowed in to the meeting yourself since your a family member, but the solicitor will be. Though you will need to ask the solicitor to provide a bill to be presented to the employer during the meeting and you will also need to inform the employer that on the condition they will pay your fathers reasonable legal representation cost i.e. having a solicitor present at the meeting, that his solicitor will be present during the meeting too. But also make clear that whilst you will not be present in the meeting itself you wish to attend the workplace with your father and wait outside of the meeting room or at reception for him!

Also as the date of the meeting was 1st of June i suggest contacting the company and informing them as to the situation and your fathers memory issues as to why you missed the meeting and arrange a new date for the meeting.

[matt3942]

Re: Work - end of sick pay meeting

It would seem I was missing something - the attachment didn't show on my phone.

My interpretation of the letter is the employer will pay the cost of receiving independent legal advice about the possible settlement after the meeting has taken place. I could be wrong but I think it's unlikely the employer will allow a solicitor to be present during the meeting. You may wish to clarify this with the employer beforehand. I would certainly raise your concerns about your father's ability to represent himself (due to his memory issues) as the employer may be prepared to come to a compromise in relation to his being accompanied.

- Matt

[teaboy2]

Re: Work - end of sick pay meeting

Well they did say "Other Adviser" could accompany the Op's father. So i can not see why they would not allow the OPs father to take a solicitor with him. No doubt their own will be present!

[matt3942]

Re: Work - end of sick pay meeting

I think the general understanding is that having a solicitor present undermines the purpose of a protected conversation.

The OP should definitely clarify this with the employer, and ascertain who will be present to represent the employer - I would be very surprised if the employer has a solicitor present during the meeting but you never know with some employers!

- Matt

[teaboy2]

Re: Work - end of sick pay meeting

I think the general understanding is that having a solicitor present undermines the purpose of a protected conversation.

The OP should definitely clarify this with the employer, and ascertain who will be present to represent the employer - I would be very surprised if the employer has a solicitor present during the meeting but you never know with some employers!

- Matt

^^^^^ - Exactly - In my experience dealing with threads on here where the employer is looking to make a compromise agreement the vast majority have/had their solicitors present during the protected conversation. I don't think it undermines the purpose of such conversation as bear in mind the solicitors will also know its a protected conversation and therefore informal and can not be relied on in court, just like a without prejudice offer in writing can not be.

[Slp]

Re: Work - end of sick pay meeting

Thanks for your help , we have cancelled the meeting till we know what to do really , I have this morning been an spoke to a soliciter an she said they would not need to be there an would need to get someone from trade union. There is another side to this case as my dad injured his back at work an recently had a scan on it, he has got 2 slipped disk that are to dangerous to operate on...... The work are aware of this an I'm thinking this meet may have something to do with this also.

- - - Updated - - -

So I'm asummimg what ever is discussed at the meeting will be the end of it an no future claims will be able to happen if he does decide to go ahead