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

Lungboy

A formal letter saying something along the lines of "I've talked about this agreement with a solicitor at your request, and he feels that it doesn't take into account the fact that I am disabled due to my illness and therefore ignores the case of Archibold vs Fife Council. Would you please reconsider your offer in the light of this, and confirm if you will be making a revised offer?"

ohreally

As a point of interest, with 1200 employees is there a trade union on site?

Lungboy

I don't know. My wife isn't a member of any union though.

Masomnia

Personally I wouldn't mention the case as I'm sure there are others after it and in any event HR people don't normally respond well to having law quoted at them in my experience.

If I were your wife I would email the employer saying that she is perfectly capable of carrying out that role, because of x, y and z, and that having spoken to her solicitor you both feel it would be a reasonable adjustment to redeploy her into it.

The ball is then in their court to refuse and it's all in writing.

Probably worth mentioning that the onus isn't actually on your wife to come up with reasonable adjustments, the employer has a duty to make them even if she doesn't ask for them. I reckon they're already on the back foot, and they know it otherwise they wouldn't have asked her to sign the settlement in the first place.

Lungboy

It's over a week now and she hasn't heard a word from her HR department. However, their deadline for her to accept/decline the offer is today, so we're a bit stumped.

lulu650

Did your wife asked for the offer to be increased?

Lungboy

Not specifically, she just pointed out what the solicitor had said about her qualifying as disabled and their duty to make reasonable adjustment for her, and asked if they would be reconsidering their offer in light of this.