Help required regarding change in circumstances

missbiggles1

Bogalot wrote: »

If this only happened at the weekend he should not be dismissed yet, there are procedures to follow and will he have a notice period (which he would be sick for). How long has he worked there, and what has been said between the parties?

I thought that myself, it seems really sudden.

I'm not an expert on this but it might even be worth checking whether he's covered under the Equality Act as -

"conditions which affect certain organs such as heart disease, asthma, and strokes" are listed as possibly being covered.

https://www.citizensadvice.org.uk/discrimination/protected-characteristics/disability-discrimination/

Hopefully somebody more knowledgeable than me (not hard:o) may know more about this aspect of things.

dippy3103

Yes.. I think you need to look at his employment rights urgently x

sangie595

Bogalot wrote: »

If this only happened at the weekend he should not be dismissed yet, there are procedures to follow and will he have a notice period (which he would be sick for). How long has he worked there, and what has been said between the parties?

^^^This^^^

Not only could nobody be dismissed this quickly, but any heart condition is automatically covered under the Equality Act, so the employer would have to look for alternative employments before dismissal.

dawn_rose

Hiya thanks for your replies we collected the Drs note last night and contacted the dvla, he hasn't sent it to work yet. They do not yet no that he's lost his licience but when they do no he will be finished as no licience means no job as with other drivers. We are waiting on dvla forms to surrender his licience and then will be sending the note to work, do we need to speak to his boss or will they contact us?

He only started at this company last month so not passed his probation yet.

Were both looking for new jobs at the moment me full time and dh for in a months time when his note finished.

Sorry for any confusion my heads everywhere at the moment as still in shock and never had anything like this before.

Bogalot

dawn_rose wrote: »

Hiya thanks for your replies we collected the Drs note last night and contacted the dvla, he hasn't sent it to work yet. They do not yet no that he's lost his licience but when they do no he will be finished as no licience means no job as with other drivers. We are waiting on dvla forms to surrender his licience and then will be sending the note to work, do we need to speak to his boss or will they contact us?

He only started at this company last month so not passed his probation yet.

Were both looking for new jobs at the moment me full time and dh for in a months time when his note finished.

Sorry for any confusion my heads everywhere at the moment as still in shock and never had anything like this before.

In that case he needs to check with the employer if he qualifies for SSP. If he does not they will need to issue an SSP1 form and he can then apply for ESA.

Are there any non driving jobs at the company he may be suitable for?

KiKi

dawn_rose wrote: »

Hiya thanks for your replies we collected the Drs note last night and contacted the dvla, he hasn't sent it to work yet. They do not yet no that he's lost his licience but when they do no he will be finished as no licience means no job as with other drivers. We are waiting on dvla forms to surrender his licience and then will be sending the note to work, do we need to speak to his boss or will they contact us?

He only started at this company last month so not passed his probation yet.

Were both looking for new jobs at the moment me full time and dh for in a months time when his note finished.

Sorry for any confusion my heads everywhere at the moment as still in shock and never had anything like this before.

Probation doesn't matter in this case. Please take note of what Sangie said: if it's a heart condition he will automatically be covered by the Equality Act 2010, and his employers cannot just dismiss him. They will need to take certain steps to find him other suitable work first.

Suggest you post the employment side on the Employment Board, and ask for advice on there as to how to proceed regarding the company, to make sure they act in accordance with the law (which hopefully they will anyway). So yes, you should take sensible actions to mitigate what might happen, but he hasn't lost his job, yet.

sangie595

KiKi wrote: »

Probation doesn't matter in this case. Please take note of what Sangie said: if it's a heart condition he will automatically be covered by the Equality Act 2010, and his employers cannot just dismiss him. They will need to take certain steps to find him other suitable work first.

Suggest you post the employment side on the Employment Board, and ask for advice on there as to how to proceed regarding the company, to make sure they act in accordance with the law (which hopefully they will anyway). So yes, you should take sensible actions to mitigate what might happen, but he hasn't lost his job, yet.

Unfortunately, some people on the employment board decided to post their opinions, rather than the law. It doesn't matter that he has only been there a short time - he is covered by the Equality Act and the employer must look at alternatives to dismissal. There may not be any, but they must consider it.

If you haven't yet spoken to the company, you need to. Is he in a union?

dawn_rose

Thanks we haven't contacted the employer yet as didn't know what to do or where we stood, he isn't in a union.

Alice_Holt

May be worth a visit to your local CAB.

They would be able to tell you about employment rights / unfair dismissal and the steps to take.
It's possible they may have someone who is personally knowledgeable in this area.
They may also have a list of local solicitors who specialise in employment law who could offer a free initial consultation.

Edit: They would also be able to give you benefits advice.

dawn_rose

Hiya, work are going to pay oh SSP my question is would we need to contact tax credits? As it is an income change and going to be ongoing for a while till we get some answers. Will we be able to get any other financial help in the meantime. Thanks for reading.