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Non Fault Motorcycle accident

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  • #46
    Update: letter received from employer today requesting a meeting, based on the last occupational health review, to terminate my employment under lack of capability through health/absence, as i do not have 2 years employment, i do not fall into ill health pension. quite crafty of them. I am in receipt of PIP and have been since May, backdated to February 2018, also have a war disablement pension claim ongoing (decision pending) plus an ESA work capability assessment in August. Any advice as to, what I should and shouldn't say in this meeting, as equality act 2010 applies? My solicitor dealign with my personal injury claim has now told me today, there is a possibility it will be going to multi track as there is now a case for loss of potential future earnings including pension (LGPS). Any advice be appreciated, meeting date TBC with employers.


    • #47
      As this impinging on employment tagging Ula & mariefab


      • #48

        Do not resign.
        You can't return to your previous role and you qualify as having a disability. The onus is on your employer to make reasonable adjustments.
        So, ask them what steps they have taken, if any, to identify another suitable role for you within their organisation.

        If they dismiss you, you are entitled to be paid for your accrued untaken holiday entitlement.
        Check your contract of employment for the notice period required to be given by your employer.
        If it's one week you are entitled to full pay for this.


        • #49
          Received word from colleagues that my job is now advertised...bit naughty as we haven't had a meeting to discuss things..? writing on the wall me thinks...

          I am not entitled to any notice pay or accrued holiday pay as I am pro-rata (40 week contract). As I have ran out of the 6 months time limit for SSP, i am having zero per month as they do not have to pay me. My contract states that under 2 years of employment, notice period is one month, as such, I believe I wont get anything in lieu of notice?

          No reasonable adjustments have been discussed, they have seen the occupational health physicians' report and have decided (by reading into the tone of letter) that their action may lead to dismissal under capability though ill health/absence. I also am classed as disabled as a result of the accident last year (a year tomorrow), I am a blue badge holder plus now have been deemed able to claim PIP for 3 years.

          This clears the way for me to accept a place (if offered) to study Law in September at Uni, plus in regards to the personal injury claim, future loss of earnings including lost pension. My solicitor did not want me to quit or resign, she kept saying let them dismiss you. I m sure my claim has now gone to multi track level for a decision as to wether the losses will now be substantial in light of my imminent dismissal.
          Last edited by beaconsman; 12th July 2018, 10:48:AM.


          • #50
            If there are no other suitable roles available, it's not unreasonable for your employer to dismiss you after a year off sick.

            I don't know much about injury claims but being dismissed on capability grounds is another piece of evidence to add to the existing pile.

            As the notice period required is a month you are right to say that you won't be entitled to pay in lieu of notice.

            However, holiday pay is a very different matter.
            Calculating how much is due will be more complicated than usual both because you are on a 40 week (pro-rata) contract and because you received full then half pay for some of your time off sick.
            ​​​​​​​So, you'll be entitled payment for half of the holiday accrued in December and January and full payment for the holiday accrued from February until the date your contract is terminated.


            • #51
              Well, my employment ended on 26th July officially, I got holiday pay accrued and PILO. I got awarded extra funding and start my LLB at University on 17th September. I wasn't going to sit around waiting for solicitors to get a settlement anytime soon. New start.


              • #52
                THanks for the update and good luck in your studies


                • #53
                  New beginnings, all the best. Hope the studies go well.
                  I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                  Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                  If in doubt you should always seek professional face to face legal advice.


                  • #54
                    Good luck beaconsman xx
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido


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