Ill health and returning to work, where does my wife stand?

jobbingmusician

Yes, there is a need. This is a compromise agreement/settlement agreement and as such is not valid unless the employee has had independent legal advice.

ohreally

I assume the employer is looking to manage the exit through a settlement agreement?

Lungboy

ssparks2003 wrote: »

Take the offer and see a solicitor, otherwise if anything goes wrong you will be the one complaining

I'm not sure what can go wrong, but point taken.

jobbingmusician wrote: »

Yes, there is a need. This is a compromise agreement/settlement agreement and as such is not valid unless the employee has had independent legal advice.

Perfect, thanks very much for that.

ohreally wrote: »

I assume the employer is looking to manage the exit through a settlement agreement?

Yes, that's correct.

ohreally

Lungboy wrote: »

Yes, that's correct.

Go into this with your eyes open, the agreement is for the employers benefit rather than your wifes.

Masomnia

Sensible on the part of your employer to look for settlement. From their point of view she could potentially claim unfair dismissal, discrimination on the grounds of pregnancy, or disability, failure to make reasonable adjustments etc.

In signing the SA she will be signing away her right to take them to a tribunal. So, what are they offering above and beyond what she is legally entitled to in return?

When you look for a solicitor, make sure they are an employment specialist. Non-specialists can be really clueless.

Lungboy

People pointed out in this thread that the company is well within its rights to simply terminate her contract as they can't make reasonable adjustments and she's unable to do her job. If that's true, and I have no reason to doubt it, then their package seems a good deal: 2 months pay, keep her enhanced maternity pay, money in lieu of unused annual leave, £350 for legal costs and an agreed reference.

Masomnia

Lungboy wrote: »

People pointed out in this thread that the company is well within its rights to simply terminate her contract as they can't make reasonable adjustments and she's unable to do her job. If that's true, and I have no reason to doubt it, then their package seems a good deal: 2 months pay, keep her enhanced maternity pay, money in lieu of unused annual leave, £350 for legal costs and an agreed reference.

It might well be a good deal, can't possibly say on here. Does the two months pay include her notice? Is the enhanced maternity pay contractual or discretionary? Etc. It might well be a fair dismissal, but no one here has seen so much as an OH report.

I'm just saying be careful before signing rights away, because once you've signed the settlement you can't go back.

Lungboy

The 2 months pay would be in lieu of her notice period, with her official end date at the company backdated to January 31st. Her contract says that she has to return to work for at least 13 weeks otherwise she must repay her enhanced maternity pay, but they are waiving this.

Lungboy

My wife saw the solicitor this morning and he thinks she is being badly treated. He thinks she counts as disabled that they are discriminating against her. Do we try a second solicitor for a second opinion? I'm reading the Equality Act 2010 at the moment and it does sound like she qualifies as disabled under the Act. What seemed straightforward is now very confused.

lulu650

So what does the solicitor advise your wife should be doing and what will the cost of this legal advice be?

Be aware that if the settlement agreement is now not going to be signed then your wife's legal fees will not be paid by her employer.