Constructive dismissal? harrassment?disciplinary? HELP

tomjonesrules

ikati5 wrote: »

Losing your job while on long-term sickness
Employers can dismiss someone on long-term illness as a last resort only. Before making a decision they must consider:
if working part-time or flexible hours would help your return to work
if there will be a full recovery or if a return to the same work is not possible
if you could return if some assistance was given
if alternative, lighter or less stressful work is available, with re-training if necessary
If you feel you have been unfairly dismissed due to long-term sickness you can have your case heard with an Employment Tribunal.

How can you say he is not long term sick if he hasn't gone back, he could be off another week or another 6 months!

Three weeks is not long term. If he is off in another six months that would of course become so, but by your reasoning anyone that takes any time off would be long term, no?

Googlewhacker

ikati5 wrote: »

Losing your job while on long-term sickness
Employers can dismiss someone on long-term illness as a last resort only. Before making a decision they must consider:
if working part-time or flexible hours would help your return to work
if there will be a full recovery or if a return to the same work is not possible
if you could return if some assistance was given
if alternative, lighter or less stressful work is available, with re-training if necessary
If you feel you have been unfairly dismissed due to long-term sickness you can have your case heard with an Employment Tribunal.

How can you say he is not long term sick if he hasn't gone back, he could be off another week or another 6 months!

Still not quite right because a company only has to make reasonable adjustments and each case is based on its own merits so not all of the above maybe considered.

But its better than your original statement that an employer couldn't do anything whilst they are on sick....

And no 3 weeks is not long term sickness.....

SarEl

Plus, puttiung aside the fact that he is not long- term sick or disabled, and has a long way to go before he gets there - he is facing alleged misconduct allegations for negligence. An employer does not have to put off a disciplinary investigation or hearing for ever simply because someone is off sick. If they did, everyone would go off sick and nobody would ever be disciplined. Being off sick gives a temprary repreive, but after some time - and that time will come long before he is off long-term - the employer can decide to proceed. They must do so carefully, making adjustments to the process to mitigate the circumstances. So, for example, allowing for written submissions. But they can proceed.

bendix

Sigh

Plus ca change, plus ca meme chose . .