Termination of contract due to ill health.

saddler1962

Hi I'm looking for advise on a possibly attempt to terminate my contract due to ill health. I have been off sick for just over two months with a severe gastro problem having originally being hospitalised with the issue. My issues on time being A, trying to get an appointment with my NHS consultant after originally been given appointment 6 weeks apart and unable to get it brought forward sooner. B, flare ups of my situation and medication making no apparent improvement. Employer has been updated regularly on my condition, but I have a feeling they may be attempting to get contract terminated, asking for doctors letters etc ( which I have no problem with).
I had previously requested a return to work but this was stopped by my GP saying there was no way I was fit to work. Currently making plans to return on reduced hours for week or so, but because I still aren't 100% and no one is certain about my condition I have had go to a private hospital at my considerable expense for treatment to speed things up, and don't know what may come out of results found. No way am I trying pull wool over any bodies eyes and am desperate to get back to work having never been off in thirty odd years, but have this feeling my employer is planning other things.
Secondly if he is and is entitled to where do I stand on termination payment. Having been there ten yrs and on three month notice period. Also whilst off I have missed out on two weeks holiday that I should have taken during this I only received ssp. .
Confused, sorry for going on but just after any advice. Thanks

sangie595

Provided the employer follows a fair process, then sickness of this length of time may give rise to dismissal. Unfortunately your contractual notice is longer than your statutory notice, so unless you have contractual sick pay, all you are entitled to is SSP for your notice period. Any untaken holidays should also be paid, and the period that you had booked should be reinstated.

Asking for letters from the doctor is entirely normal, and as such it is indicative of nothing. Does your employer have a sickness policy, and if so, that is where you will find many of the answers as to possible options and next steps.

fraserbooks

Does your employer use an occupational health service if so I would ask for a referral . They can act as referees and might be able to negotiate a phased return to work. Your holiday entitlement still accrues when you are sick.

Undervalued

fraserbooks wrote: »

Does your employer use an occupational health service if so I would ask for a referral . They can act as referees and might be able to negotiate a phased return to work. Your holiday entitlement still accrues when you are sick.

No they can't!

They can offer advice but it is up to the employer whether they follow it or not.

saddler1962

sangie595 wrote: »

Provided the employer follows a fair process, then sickness of this length of time may give rise to dismissal. Unfortunately your contractual notice is longer than your statutory notice, so unless you have contractual sick pay, all you are entitled to is SSP for your notice period. Any untaken holidays should also be paid, and the period that you had booked should be reinstated.

Asking for letters from the doctor is entirely normal, and as such it is indicative of nothing. Does your employer have a sickness policy, and if so, that is where you will find many of the answers as to possible options and next steps.

There is now sickness policy.
If I return to work does this effect possible payment entitlement.

saddler1962

Sorry .....contract states 2 months full sick pay then SSP to lick in
That's all that is stated in policy / contract

Due to commence work in a week reduced hours for tor weeks if alls ok , does this affect payments once back at work if termination is applied

sangie595

saddler1962 wrote: »

Sorry .....contract states 2 months full sick pay then SSP to lick in
That's all that is stated in policy / contract

Due to commence work in a week reduced hours for tor weeks if alls ok , does this affect payments once back at work if termination is applied

Your payment is always whatever is due - wage if in work, sick pay if not. But they aren't likely to dismiss if you are in work. That's not guaranteed, but usually the employer will wait. It would be very unusual, given you have some occupational sick pay, for there not to be a policy on what happens if someone if off sick. Most employers have them now. You need to ask. They ate sometimes described as managing sickness absence policies, or something like that.