getting finished on ill health grounds
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mimi15
Posts: 1 Newbie
just wanted to know anyone can help me.ive workaed for 11years in same company but been off sick for the last three.work sked me did i want to give my notice in i said no.only that i write to them they wouldnt keep in touch with me,i have had only 2 welfare meetings which i asked for they asked for my medical reports and last year they asked for updated medical reports,they said in the unlikely hood i would not be able to return they would finish me on health grounds and would invite me in when they received my medical reports. i never heard no more so i write to them to ask what the outcome was going to be and they have not replied,im told they probably dont want to pay me off and this is why they choose to ignore me what else can i do.thankyou for looking at this.
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You'll just have to be patient and wait for their decision.
What do you mean 'they wont want to pay me off' if they finished you on health grounds you would
only be entitled to your sick pay (presumably what you are getting now) to your end of employment and any accrued holiday pay.
So it wouldnt be particularly beneficial to them to finish you or not.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
and possibly 11 pay in lue of notice? are you in a company pension scheme?0
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But if heshe is off sick for his notice period, surely only sick pay would be payable
On second thoughts, I may be wrong, Im quite happy to be corrected. Sorrymake the most of it, we are only here for the weekend.
and we will never, ever return.0 -
i was pensioned off at 37 due to sickness. if that is what the op means?? looking back my biggest regret was not buying AVCs to top my pension years up before they sent me on my way-i would research and join the unionmfw'11 No68- 55k mortgage İO--little to nothing saved! i must do better.0
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3 years on the sick is a long time I'm surprised that they haven't terminated your contract before now, the company I work for a quite lenient on that sort of thing but have terminated employees contracts after much less time than that if it looks like the person wouldn't be able to preform their jobs due to health issues.0
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But if heshe is off sick for his notice period, surely only sick pay would be payable
On second thoughts, I may be wrong, Im quite happy to be corrected. Sorry
If he is off sick when they issue notice they would have to pay him his full wage for the notice period.
He would also have accrued a substantial amount of holiday, assuming he has not taken it in order to receive full pay for those weeks. You cannot lose holiday due to normal carry over rules whilst off sick.0 -
3 years on the sick is a long time I'm surprised that they haven't terminated your contract before now, the company I work for a quite lenient on that sort of thing but have terminated employees contracts after much less time than that if it looks like the person wouldn't be able to preform their jobs due to health issues.
I agree this is surprising. In the past, some companies would just let these things drag on and leave somebody who was obviously never going to be able to return on the books as it cost then nothing and seemed "kinder".
However, due to the "Stringer" ruling it now costs them at least 28 days pay per year for the holiday that keeps accruing. The don't actually have to pay until the employment is terminated either by dismissal or resignation.
It may be the firm don't realise this (although it has been well publicised) but they may have caught a cold!0 -
If he is off sick when they issue notice they would have to pay him his full wage for the notice period. Provided that statutory notice is at least a week more than contractual notice - otherwise you get nothing!
He would also have accrued a substantial amount of holiday, assuming he has not taken it in order to receive full pay for those weeks. You cannot lose statutory holiday due to normal carry over rules whilst off sick.
Ain't the law wonderful?0 -
Provided that statutory notice is at least a week more than contractual notice - otherwise you get nothing!
Ain't the law wonderful?
the 87 wording is
(4)This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).
I think that is the other way round
you get nothing if the employer notice is 1 week or more than the [STRIKE]contractual [/STRIKE] statutory notice.0 -
getmore4less wrote: »the 87 wording is
(4)This section does not apply in relation to a notice given by the employer or the employee if the notice to be given by the employer to terminate the contract must be at least one week more than the notice required by section 86(1).
I think that is the other way round
you get nothing if the employer notice is 1 week or more than the contractual notice.
No - I admit I didn't express it well but it is the statutory notice that is the measure. If the employers statutory notice is one week or more than contractual notice you get it - if it isn't you don't. So in this case assuming the OP has completed 11 years service, if the contractual notice is ten week or less, then notice must be paid. If it is 13 weeks it doesn't. Which I think was what you were trying to say - didn't you mean "statutory" and not "contractual"?0
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