Employment status?

jetplane

My nephew started a job Feb 2012 on a zero hour contract, he has a written contract. He worked 35 - 40 hours a week until he fell ill in August 2012. He was then paid SSP by the company until he returned to work in October 2012, due to his illness he was struggling with the work and in November the company told him that they had no suitable or alternative work for him and to give them a ring when he felt well. He submitted a sick note and they have continued to pay him SSP. He knows this will end soon as he will be approaching the 28 week limit.

He has had a phone call from his supervisor asking him to give them a date when he will return to work or resign. Due to his illness he is unable to do the job he was employed to do. His supervisor said that if he was a proper employee rather than casual then HR would send a doctor out and look at the redeployment process.

It is a large company, he has now been employed over 12 months (pre April 2012 change) so should have employment rights. I would have thought that the company would now be required to treat him as a 'proper employee', however, what is the significance of the zero hour contract?

This is a genuine illness requiring hospital treatment, the prognosis is long term recovery, ie months rather than days or weeks and it would be covered by the equality act.

My instinct was for him to say that he is unable to give them a date to return and is not prepared to resign (as this could have implications for his payment protection policy and any possible future benefits) and then let the HR department deal with it.

I am surprised that they did not end his employment in November, before the 12 month and when they had no work. He is aware that the end result may well be his employment is terminated due to incapacity. He is not in a union.

Any advice from those of you in the know? Thank you

joolsybools

Does the company have occupational health? Maybe you/he should get in touch with them?

sweetilemon

If he is on a zero hour contact im surprised they are bothered whether he resigns or not as they do not need to offer any hours even when he is fit to work. Hope his health improves, sorry I can't be more helpful.

jetplane

joolsybools wrote: »

Does the company have occupational health? Maybe you/he should get in touch with them?

yes but the supervisor said he did not qualify as he was not on full contract.

sweetilemon wrote: »

If he is on a zero hour contact im surprised they are bothered whether he resigns or not as they do not need to offer any hours even when he is fit to work. Hope his health improves, sorry I can't be more helpful.

I am also surprised as he is costing them nothing but they may now have to do an assessment.

I am beginning to suspect that HR are unhappy that the supervisor has not acted sooner as he may now have rights under the equality act. He will need to contact HR himself and ask for a referral to occ health I think.

Thanks for your replies.