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  • FIRST POST
    • saddler1962
    • By saddler1962 8th Jul 17, 3:07 PM
    • 6Posts
    • 1Thanks
    saddler1962
    Termination of contract due to ill health.
    • #1
    • 8th Jul 17, 3:07 PM
    Termination of contract due to ill health. 8th Jul 17 at 3:07 PM
    Hi I'm looking for advise on a possibly attempt to terminate my contract due to ill health. I have been off sick for just over two months with a severe gastro problem having originally being hospitalised with the issue. My issues on time being A, trying to get an appointment with my NHS consultant after originally been given appointment 6 weeks apart and unable to get it brought forward sooner. B, flare ups of my situation and medication making no apparent improvement. Employer has been updated regularly on my condition, but I have a feeling they may be attempting to get contract terminated, asking for doctors letters etc ( which I have no problem with).
    I had previously requested a return to work but this was stopped by my GP saying there was no way I was fit to work. Currently making plans to return on reduced hours for week or so, but because I still aren't 100% and no one is certain about my condition I have had go to a private hospital at my considerable expense for treatment to speed things up, and don't know what may come out of results found. No way am I trying pull wool over any bodies eyes and am desperate to get back to work having never been off in thirty odd years, but have this feeling my employer is planning other things.
    Secondly if he is and is entitled to where do I stand on termination payment. Having been there ten yrs and on three month notice period. Also whilst off I have missed out on two weeks holiday that I should have taken during this I only received ssp. .
    Confused, sorry for going on but just after any advice. Thanks
Page 1
    • sangie595
    • By sangie595 8th Jul 17, 4:07 PM
    • 3,815 Posts
    • 6,233 Thanks
    sangie595
    • #2
    • 8th Jul 17, 4:07 PM
    • #2
    • 8th Jul 17, 4:07 PM
    Provided the employer follows a fair process, then sickness of this length of time may give rise to dismissal. Unfortunately your contractual notice is longer than your statutory notice, so unless you have contractual sick pay, all you are entitled to is SSP for your notice period. Any untaken holidays should also be paid, and the period that you had booked should be reinstated.

    Asking for letters from the doctor is entirely normal, and as such it is indicative of nothing. Does your employer have a sickness policy, and if so, that is where you will find many of the answers as to possible options and next steps.
    • fraserbooks
    • By fraserbooks 8th Jul 17, 4:58 PM
    • 257 Posts
    • 5,415 Thanks
    fraserbooks
    • #3
    • 8th Jul 17, 4:58 PM
    • #3
    • 8th Jul 17, 4:58 PM
    Does your employer use an occupational health service if so I would ask for a referral . They can act as referees and might be able to negotiate a phased return to work. Your holiday entitlement still accrues when you are sick.
    • Undervalued
    • By Undervalued 8th Jul 17, 9:32 PM
    • 3,158 Posts
    • 2,871 Thanks
    Undervalued
    • #4
    • 8th Jul 17, 9:32 PM
    • #4
    • 8th Jul 17, 9:32 PM
    Does your employer use an occupational health service if so I would ask for a referral . They can act as referees and might be able to negotiate a phased return to work. Your holiday entitlement still accrues when you are sick.
    Originally posted by fraserbooks
    No they can't!

    They can offer advice but it is up to the employer whether they follow it or not.
    • saddler1962
    • By saddler1962 9th Jul 17, 5:51 AM
    • 6 Posts
    • 1 Thanks
    saddler1962
    • #5
    • 9th Jul 17, 5:51 AM
    • #5
    • 9th Jul 17, 5:51 AM
    Provided the employer follows a fair process, then sickness of this length of time may give rise to dismissal. Unfortunately your contractual notice is longer than your statutory notice, so unless you have contractual sick pay, all you are entitled to is SSP for your notice period. Any untaken holidays should also be paid, and the period that you had booked should be reinstated.

    Asking for letters from the doctor is entirely normal, and as such it is indicative of nothing. Does your employer have a sickness policy, and if so, that is where you will find many of the answers as to possible options and next steps.
    Originally posted by sangie595
    There is now sickness policy.
    If I return to work does this effect possible payment entitlement.
    • saddler1962
    • By saddler1962 9th Jul 17, 6:21 AM
    • 6 Posts
    • 1 Thanks
    saddler1962
    • #6
    • 9th Jul 17, 6:21 AM
    • #6
    • 9th Jul 17, 6:21 AM
    Sorry .....contract states 2 months full sick pay then SSP to lick in
    That's all that is stated in policy / contract

    Due to commence work in a week reduced hours for tor weeks if alls ok , does this affect payments once back at work if termination is applied
    • sangie595
    • By sangie595 9th Jul 17, 7:56 AM
    • 3,815 Posts
    • 6,233 Thanks
    sangie595
    • #7
    • 9th Jul 17, 7:56 AM
    • #7
    • 9th Jul 17, 7:56 AM
    Sorry .....contract states 2 months full sick pay then SSP to lick in
    That's all that is stated in policy / contract

    Due to commence work in a week reduced hours for tor weeks if alls ok , does this affect payments once back at work if termination is applied
    Originally posted by saddler1962
    Your payment is always whatever is due - wage if in work, sick pay if not. But they aren't likely to dismiss if you are in work. That's not guaranteed, but usually the employer will wait. It would be very unusual, given you have some occupational sick pay, for there not to be a policy on what happens if someone if off sick. Most employers have them now. You need to ask. They ate sometimes described as managing sickness absence policies, or something like that.
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