work finishing him on ill health and holiday pay help pls

brians_daughter

hi i am posting for someone i work with who is too scared to post! i have also posted in redundancy planning but think here may be more appropriate

He has been off work sick 3 months - all legitimately he isnt pulling the wool so to speak. He has been seeing a specialist this week who said due to his job ie driving a lot he will be unlikely to return for the next 8-12 weeks until his new med kicks in, and then it is simply trial and error as to if the treatment works.

His employer has been out to se him some weeks ago and requested pernmission to contact GP, he had no issues with this but pointed out it may be more beneficial to wait til after seen specialist then GP will be better informed.

work have contacted him today to ask him to send the GP request form to HR which he did anyway yesterday knowing he was going to se specialist today.

There is a very strong chance work will finish him on grounds of incapability to do his job (Dont know if this is relevant his illness is covered by the disability discrimination act and he made the employer aware of his condition in interview and on the HR forms when he started etc)

The question is what will happen to his holiday pay? He is on 1/2 pay from work already and expects them to finish him the beigining of August, as it takes 4-6 weeks for docs report to be available and for HR to re-visit him

Will he get his holiday pay at full rate ie if he is entitled to 30 days pa and finishes in august and has taken no holidays so far would he get 7/12 th of his entitlement paid out along with his last months wage at 1/2 pay?

And can he stop them finishing him on grounds of incapability if doc states he should make full recovery within x amount of months if right treatment is sought?

Thanks, he is in a right state about it so i said i would ask for him