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when can he terminate employment?
mikk
Posts: 27 Forumite
Hi, my partners in a tricky situation and having no previous experience would appreciate some help. She's been receiveing ssp for 2 months after a hip operation but has problems with the other hip, back neck and knees that are likely to be permanent. After 23 years service at a nursing home and never having any time off, her employer is putting pressure on with a view to terminating her employment. The problem is that the ssp (apart from some wtc) is her only income, which barely covers utility bills as it is. The Doctor has signed her off work for 6 months, but when she meets her employer next week he will be told that she intends to return to work as soon as the doctor gives the all clear.
So my question(s) are
. how long is a reasonable time for an employer to wait for his employee to recouperate (while receiving ssp) in order to return to work ( I take it he doesn't have to wait the full 28 weeks), before terminating employment?
. I believe that he has too offer alternative work if the nature of sickness prohibits returning to the original type of work, which it does (lifting 20 stone residents off the floor!), but being a small business, if he claims there is no alternative position available, can he end her employment, and if he does would she have any redress?
. Given the above scenario would he have to give a months notice of termination (while still paying ssp) and also pay the 4 weeks holiday pay (which he makes staff split in two-winter/summer, so he'd probably say only entitled to summer)
. If he did end her contract leaving no money coming in, what is available without waiting weeks ie.dla (form sent last week, not expecting anything for next ten), income support-how long does it take and what is the criteria?? or disabilty - same question and when should one apply?
Sorry for going on, and yes I am reading everything from leaflets to websites but this is new to both of us and my head is starting to spin.
Thanks, M.
So my question(s) are
. how long is a reasonable time for an employer to wait for his employee to recouperate (while receiving ssp) in order to return to work ( I take it he doesn't have to wait the full 28 weeks), before terminating employment?
. I believe that he has too offer alternative work if the nature of sickness prohibits returning to the original type of work, which it does (lifting 20 stone residents off the floor!), but being a small business, if he claims there is no alternative position available, can he end her employment, and if he does would she have any redress?
. Given the above scenario would he have to give a months notice of termination (while still paying ssp) and also pay the 4 weeks holiday pay (which he makes staff split in two-winter/summer, so he'd probably say only entitled to summer)
. If he did end her contract leaving no money coming in, what is available without waiting weeks ie.dla (form sent last week, not expecting anything for next ten), income support-how long does it take and what is the criteria?? or disabilty - same question and when should one apply?
Sorry for going on, and yes I am reading everything from leaflets to websites but this is new to both of us and my head is starting to spin.
Thanks, M.
0
Comments
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ACAS can give advice on the circumstances under which employment could be terminated because there is no suitable alternative role.
the holiday pay: it does accumulate during a period of sick leave (unless you're sick for more than a year), but it would be pro rata, so you need to know when the leave year begins and ends. If it starts on 1 January, then by the end of June your partner would be entitled to two weeks, not a full year. And so on.
Sorry, I can't help with benefits etc.Signature removed for peace of mind0
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