termination of employment

helly12

my husband had an operation on his neck mid august which initially he thought he would be off work 4-6 weeks. he was sent to the company Dr in october as he had not yet gone back to work as he still had pain and limited movement to one side and resumed on light duties. He has been back to see the dr and is awaiting another scan. The company have now said that if he cant give a date (within 4 weeks) to start his normal duties(he is a driver) after he sees the dr in 2 weeks then they will have to finish him. He has worked for the same company (a large national company) for 7 years.

Can they do this as it doesnt seem that they have allowed much time for him to fully recover? If he was finished what benefit would he apply for as he can work but there are a number of jobs he would struggle with. He has been in work since he was 16 and is now 45 so feeling very low about things. Any advice would be welcome.

LittleVoice

I hope your husband returns to full fitness in good time.

From what you write, it sounds as though they are looking for a return to full duties within six weeks of now (2 weeks plus 4 weeks), just about six months after the operation.

If he is not fully fit within the timescale requested by the company, then basically they can dismiss him on the grounds of capability. This may tie in with their insurance which could be paying his company sick pay.

However, if it does look as though that is going to happen, it might be worth getting someone to look at all the documentation you can get on his contract of employment, particularly sick pay and longer-term health benefits. It gets complicated but sometimes this can be used against an immediate dismissal.

As someone who has obviously got a full NI record, he would be entitled to Jobseekers Allowance (JSA) as he is capable of doing some work (eg the light duties he is currently doing) and therefore doesn't need to go on Incapacity Benefit (IB) (or whatever it may have been renamed). That would be payable for six months irrespective of any other income or savings he or you have.

Any way, best wishes for a return to full fitness within the time being suggested.

Jules

Hi helly12,
Is your husband still receiving SSP or is he back in paid work? I know some companies do a phased return to work but his status could make a difference to where you go next. If he is back in work, when did he start back? Could you clarify this, thanks.

If your husband is dismissed whilst receiving SSP his employer must give him an SSP1 form which explains why SSP is no longer being paid. Your husband must fill in and take to your local Social Security Office to claim ESA.

Also, in most cases if your employer wants to dismiss you they must follow legal dismissal procedures and give the appropriate amount of notice. See here http://www.adviceguide.org.uk/index/e_notice_of_dismissal.pdf
and here's one on sickness
http://www.adviceguide.org.uk/index/e_sickness_at_work.pdf

Have a look at your husbands contract with regards to how sick pay is paid and for how long, it should be in there. What is the normal custom and practice with the company? Is this how others have been treated?

HTH
Jules

helly12

Thanks for replying

hubby has been back since last week in october so not been receiving ssp since then. company scheme is ssp only until 6 years service when it goes to 75% pay for 14 weeks, 26 weeks at 9 years. cant recall him having a formal contract but doesnt mean he didnt!

if this doesnt settle between now and going back to Dr then depending on the scan it will be more surgery or referal to pain management specialist, not very cheery start to the new year:p

Jules

Once your husband has been back at work for over 8 weeks (which would be around now), he can go back out onto SSP and be entitled to a full 28 weeks SSP again. It's only if the SSP starts again before the 8 weeks that the linking rule comes in. I came across this with a client recently. I'm not sure if the fact he isn't doing his full duties would make any difference to this but would imagine that if he is on his usual pay then it shouldn't.

After the 28 weeks he will be entitled to claim Incapacity Benefit. Have you applied for DLA for him? DLA is a non means tested benefit and is payable whether your working or not. Have a look at this link.
http://www.dwp.gov.uk/advisers/hb5/dla/dla_2.asp

Jules

helly12

Thanks Jules , thank your for the link, we did not consider for one moment that he might be in this position and so are absolute beginers when it comes to benefits/employment rights of any kind. Here's hoping that there is some good news around the corner.
Helly