Tupe and on sick leave

victoria263937

Hi,

Hopefully i wont ramble and this will be a quick question, husband was knocked off his push bike in jan, been on sick ever since, shattered his foot when the woman drove over it, hes a trained chef, chances are he will never return to that position as the surgeon doesnt think he will be able to stand for 12hrs a day without pain. His current boss had made up a job for him doing managerial stuff sat at a table in the pub starting next month at 9hrs a week to see how he gets on, hes not walking yet without crutches, basically yesterday she has said shes leaving the pub and someone else will eventually take over. His contract is for 40hrs in the kitchen. If he can no longer do that (which is highly likely) and the new owners have nothing else they can offer him will they likely let him go? Our solicitor is on holiday at the moment so cant check with her yet

Thanks

Brynsam

If there isn't a job your husband can do (and it's hard to see what 'reasonable adaptations' an employer could make in these circumstances), then yes, he could be dismissed on capability grounds.

You need to let your solicitor know about this - it could affect any claim for loss of earnings.

victoria263937

thank you, ive emailed our solicitor asking her to call me on monday, its just one thing after another with this injury, various infections after surgery putting back his physio, such a nasty break, im trying not to worry as worrying isnt going to physically change the outcome but its hard not to

Takeaway_Addict

victoria263937 wrote: »

thank you, ive emailed our solicitor asking her to call me on monday, its just one thing after another with this injury, various infections after surgery putting back his physio, such a nasty break, im trying not to worry as worrying isnt going to physically change the outcome but its hard not to

Presumably he is making a claim against the person that knocked him off the bike? I'd have thought you'd be able to claim loss of earnings in on this.


Might not help immediately I appreciate

lisyloo

Might not help immediately I appreciate

You can sometimes get interim payments even though the full effect of the injuries is not yet known. Probably you have to ask for it though.

victoria263937

hi, yes we are sorting an interim payment, we are £900 short paying our bills each month and the first interim payment we received helped for a few months but that is running out now, SSP covers £350 of the £900 but even when he does go back at 9hrs a week with taxi fares as the bus isnt practical yet due to walking distance to the bus stops/2 changes on route, his wage is only going to be £200 a month so will be worse off when he does go back initially. We are hoping over the months he can increase to 20hrs a week by xmas but this is still likely to be the managerial role if available. If it turns out he has no role to go back to we will have to claim ESA and just have to hope that there is some interim money left as the solicitor has said it will be next year this will be sorted. We are awaiting a further medical report to be done in october plus psychological reports as he is become quite depressed, he is also scared of riding again as last month someone was knocked off their bike directly outside of his work and very sadly lost their life. They cant even look to settle the claim until these reports have been done