Can I temp or will I be in breach of Contract?

BatOutOfUll

pmlindyloo wrote: »

I don't know whether this link will be of any use to you:

http://www.contactlaw.co.uk/?refer=31

Unfortunately if I use my House Insurance they choose a Solicitor for me, I don't get a say in the matter

BatOutOfUll

I think I'll ring them tomorrow and ask if it ok to go Temping.


I've been offered 3 months work at £14 an hour doing what I do now, but in a modern building with facilites

BatOutOfUll

bluenoseam wrote: »

It's just just the straight financial implications of installing a lift which have to be considered, but the secondary financial impacts as well. Think about it logically, in order to install a lift they'd have to essentially isolate an area on several floors, given this is a warehouse that would be difficult to accomplish. While it's easy to think in terms of "oh so installing a lift is £X" you need to consider the business impact - yes installing it in a perfect world IS £X, but we're not in a perfect world. In doing the work required the business will lose money over and above the quoted cost of installation through the disruption of it.

It's also not as simple a case of "well they should've sacked me back in April" - they can't just sack you as soon as it becomes apparent that there's a disability, that's how you end up in tribunal. They no doubt have company policies which stipulate X amount of time must pass before you can be sent through capability procedures and that period may not have been reached yet. They could also argue that it takes a period of time to assess if your condition is likely to improve in "reasonable" time & assess if "reasonable" adjustments can be made. Again I'll use that perfect world analogy again, it's easy for us to say that it takes moments to decide if it's reasonable to spend money, but in reality it's got to go through several levels. (Particularly if this is a public company as it will be a significant impact on the books)

April to November is 7 months, that seems like a long time but in reality it's not exactly a huge amount, particularly when you consider the implications if the business gets it wrong. When you consider the implications for any adjustments it's not exactly unreasonable for them to consider things carefully.

Here's something a little different though, I'd say it perhaps has the smell of the company stalling with the intent of making you resign. That's difficult to prove, but ultimately given the low success rate of constructive dismissal cases it could be they fancy their chances there rather than paying you off.

The ground floor is a warehouse/archive with racks.
The lift would be in reception to take me up to the landing (so they tell me)


An SCI like mine will not get better only worse. They know this from the Medical report from my Consultant.

But Access to work have said there is no reason why they cant put the lift on the Outside of the building

I know damn well they are stalling and will bring this up in the Grievance hearing.

As of yet they haven't replied to my Solicitors letter

System

BatOutOfUll wrote: »

But Access to work have said there is no reason why they cant put the lift on the Outside of the building

Unfortunately Access to Work aren't qualified to make that judgement as they are not surveyors etc.

I would think that an external lift would cause the cost to rocket, assuming that the company could get planning permission. Then there is the security aspect to consider - another entrance that would need to be controlled. If an internal one is not cost effective/reasonable/approprate/ then an external one will be doubly so.

mountainofdebt

Have you tried the British Legion for help?

When_the_going_gets_tough

This is a complicated matter but it seems incorrect for the company to be able to leave the OP without any pay when they are actually fit to work. I would have thought that the two issues of reasonable adjustments and pay whilst effectively suspended whilst a decision is made about those adjustments are two separate matters - but you probably need specialist employment law advice on that matter. Practically if you can temp and earn money without jeopardising your position with your employer that might be the best immediate option for you - it's one thing to have rights in law, another matter to enforce them. Good luck with it all and I think we would be interested to hear how it turns out.

KiKi

Forgive me, as I haven't read the whole thread. However, given the seriousness of what's happening, I would go to: https://www.redundancyforum.co.uk and post for the attention of SarEl who is an employment barrister and will give you a frank - but legal - answer on where you stand on this issue.

KiKi

Takeaway_Addict

When_the_going_gets_tough wrote: »

This is a complicated matter but it seems incorrect for the company to be able to leave the OP without any pay when they are actually fit to work. I would have thought that the two issues of reasonable adjustments and pay whilst effectively suspended whilst a decision is made about those adjustments are two separate matters - but you probably need specialist employment law advice on that matter. Practically if you can temp and earn money without jeopardising your position with your employer that might be the best immediate option for you - it's one thing to have rights in law, another matter to enforce them. Good luck with it all and I think we would be interested to hear how it turns out.

Very complicated but I disagree the OP is suspended which is one of the cruxes of the matter to find out. The work is there for him to do. The problem is he is unable to get to the work place so in my view that is sickness not suspension.

Kiki-I had already suggested Redundancyforum.co.uk but it's worth reiterating.

Takeaway_Addict

BatOutOfUll wrote: »

Unfortunately if I use my House Insurance they choose a Solicitor for me, I don't get a say in the matter

why is this an issue?

When_the_going_gets_tough

As you say Takeaway Addict it is very complicated - you may well be correct certainly the Op needs personal advice on this one.