Sick leave over but still not fit for work - what happens?

dandy-candy

My brother was hit by a car in April of this year and broke his shoulder and his leg was completely shattered beneath the knee. It was a 50/50 decision on whether to amputate his leg but as he is only in his 40's and reasonably fit, the emergency surgeons tried to save it. His shoulder has healed now but his leg has had 3 operations and the bones still aren't knitting together yet. He still has a metal cage around the leg with rods entering the skin to support the bones. My brother's place of work paid him sick leave for 6 months until October and then he took 1 months holiday leave which he was due as he had originally been told the leg cage would be off in November. Now the surgeons are saying they will have to try a bone graft from his hip and failing that amputate, but he definately can't return to work until next year. My brother is really worried that his job won't be held for him. He works in an office in the city at a fairly senior level and has been there 12 years and gets good money. Also all his treatment has been through private health insurance that comes with his job. He knows if he loses his job he will be very unlikely to find work in the city again at his age. Can he be fired because he isn't well enough to work again yet? And what happens about the on going treatment he is due to have? I assume if he loses his job the healthcare plan will stop immediately? He has a wife and 3 kids to support and a mortgage etc. What happens to people in this situation?

Googlewhacker

I am only guessing on the healthcare but if he is dismissed on capability reasons then any current procedures would be finished and anything relating to that problem would be sorted but anything new would not. However check that is correct.

You brother can be dismissed on capability reasons by the company following a procedure of writing to Dr's to assertain that he won't be coming back in the near future.

Uncertain

With this type of job he MAY have additional insurance type protection as a part of his employment "package" along with his private healthcare etc.

If he is permanently unable to return to work there will be some provisions within his pension scheme.

What was stated above is more or less the default legal position in the absence of contractual enhancements.

He, or somebody on his behalf, needs to talk to a senior HR person in his firm to find out if and to what extent he is covered.

Notwithstanding this his firm MAY take a more generous view. This of course comes down to his relationship with them and how they see his long term usefulness.

After 26 weeks he will be able to claim ESA from the government. However I suspect this will seem a drop in the ocean compared to his salary.

CGORST

I have a similar problem but obviously not as serious as your brothers. I have been off work for nearly 6 months with work related stress but I have now been diagnosed with cancer. I am due to go down to half pay on December 16 but won't be able to afford to pay my mortgage on this amount of money. I live on my own so there's nobody to share the burden and I just don't know what to do. My employers have a zero tolerance to sickness after one episode but what happens if I'm too ill for work after my cancer treatment? I have worked for the same employers for 13 years and I've only had 3 episodes of sickness, all of which were work related musculoskeletal injuries, so it's not like I have had excessive amounts of time off sick. Any advice would be greatly appreciated.

Uncertain

CGORST wrote: »

I have a similar problem but obviously not as serious as your brothers. I have been off work for nearly 6 months with work related stress but I have now been diagnosed with cancer. I am due to go down to half pay on December 16 but won't be able to afford to pay my mortgage on this amount of money. I live on my own so there's nobody to share the burden and I just don't know what to do. My employers have a zero tolerance to sickness after one episode but what happens if I'm too ill for work after my cancer treatment? I have worked for the same employers for 13 years and I've only had 3 episodes of sickness, all of which were work related musculoskeletal injuries, so it's not like I have had excessive amounts of time off sick. Any advice would be greatly appreciated.

I would suggest starting your own thread for a better response.

However...

Although your gross pay will halve your net pay will not drop as sharply as you will pay far less tax etc.

You continue to accrue holiday. When you take this it has to be paid at the full rate. Presumably you have several weeks untaken so you can ask for this to be paid before you drop to half pay.

You can also claim ESA after 26 weeks off sick. This is paid direct to you but there MAY be a clause in your sick pay scheme allowing them to deduct this amount from you half pay so check. ESA is in two parts, contribution based (regardless of assets and income) plus, if you qualify, a further means tested part.

SarEl

CGORST wrote: »

I have a similar problem but obviously not as serious as your brothers. I have been off work for nearly 6 months with work related stress but I have now been diagnosed with cancer. I am due to go down to half pay on December 16 but won't be able to afford to pay my mortgage on this amount of money. I live on my own so there's nobody to share the burden and I just don't know what to do. My employers have a zero tolerance to sickness after one episode but what happens if I'm too ill for work after my cancer treatment? I have worked for the same employers for 13 years and I've only had 3 episodes of sickness, all of which were work related musculoskeletal injuries, so it's not like I have had excessive amounts of time off sick. Any advice would be greatly appreciated.

It is also worth pointing out that in both cases here, and especially the case of cancer, the good news (if you can call it that) is that both would be covered by the DDA. Cancer is automatically covered - the seriousness of the leg injury and the likelihood of impaired mobility into the future means that it is 95% certain it would be covered.

The DDA does not prevent someone from being dismissed on capability grounds, but it does make it somewhat harder - and with a case of cancer, nigh on impossible. By nigh on impossible I mean that tribunals tend to regard employers who sack people with cancer as just below pond scum on the evolutionary chain, and an employer would need a very compelling reason to get away with it. This doesn't help with the money angle, but it does mean that in both cases it is worth opening a dialogue with the employer staright away about the DDA implications here.

CGORST

Great! Thanks for your help - I really appreciate it!:)

skint_chick

For the OP was the person driving the car that him insured? The compensation he receives should take into account loss of earnings both current and future if he is unable to return to his previous occupation. Some insurance companies offer interim payments where there is a case of hardship so he should speak to the solicitor dealing with the case. If he has a senior level job there may be something in his contract about a long term sickness scheme that pays a percentage of his wage, which he would receive on top of the ESA - this is something he should speak to his union about. Does he have a policy to cover his mortgage if he's off sick? Are there other areas he can cut back on -can his season ticket for work travel be cashed in/ a car sold etc?

celinepatricia

SarEl wrote: »

It is also worth pointing out that in both cases here, and especially the case of cancer, the good news (if you can call it that) is that both would be covered by the DDA. Cancer is automatically covered - the seriousness of the leg injury and the likelihood of impaired mobility into the future means that it is 95% certain it would be covered.

The DDA does not prevent someone from being dismissed on capability grounds, but it does make it somewhat harder - and with a case of cancer, nigh on impossible. By nigh on impossible I mean that tribunals tend to regard employers who sack people with cancer as just below pond scum on the evolutionary chain, and an employer would need a very compelling reason to get away with it. This doesn't help with the money angle, but it does mean that in both cases it is worth opening a dialogue with the employer staright away about the DDA implications here.

That makes me feel a lot better about my husbands claim. He was sacked due to capability after his cancer operation. No help or adjustments even offered to get him back to his employment.

Vader123

SarEl wrote: »

The DDA does not prevent someone from being dismissed on capability grounds, but it does make it somewhat harder - and with a case of cancer, nigh on impossible. By nigh on impossible I mean that tribunals tend to regard employers who sack people with cancer as just below pond scum on the evolutionary

I agree with your post apart from that ^ bit.

What experience have you got of tribunals were the candidate has had cancer and been sacked, then the employee has taken it to a ET?

Vader

celinepatricia

I dont understand what you mean. I thought SarEl had a lot of experience of tribunals.