Sickness/constructive dismissal

cpr17

Hi i am after a bit of advice on were i stand.
I wont bore you to much so will keep it brief. 
I have been on long term sickness due to workplace incident i am not fit to return to work as yet anyway i find myself in a really awkward situation at the beginning of my sickness work was in contact with me as normal.but now work have not been in touch with me for a year and a half not even one email letter or phone call has anyone found themselves in this position. I just not sure were i can go from hear i find myself looking to go threw the root of constructive dismissal any advice would be great especially if you have or know someone who has been in a similar situation thanks

Comms69

cpr17 said:

Hi i am after a bit of advice on were i stand.
I wont bore you to much so will keep it brief. 
I have been on long term sickness due to workplace incident i am not fit to return to work as yet anyway i find myself in a really awkward situation at the beginning of my sickness work was in contact with me as normal.but now work have not been in touch with me for a year and a half not even one email letter or phone call has anyone found themselves in this position. I just not sure were i can go from hear i find myself looking to go threw the root of constructive dismissal any advice would be great especially if you have or know someone who has been in a similar situation thanks

What constructive dismissal? You are not capable of doing your job. You are on sick leave.

The only questions is if the incident is RIDDOR reportable. 

KatrinaWaves

Have you contacted work and been ignored?  Depending on why you are off, aka work related stress etc, they may have decided that it is not in your interest to be in contact with work.

Are you on sick pay, SSP, any insurance scheme? You are still unfit for work so I am not sure how you can claim constructive dismissal...

TELLIT01

Have you been told that your employment is being ended?  An employer has kept you in their employ for 18 months or more and would probably be able to justify it if they did terminate your employment.  Any potential entitlement to claim from the employer for the workplace injury is another matter.

Dox

cpr17 said:

Hi i am after a bit of advice on were i stand.
I wont bore you to much so will keep it brief. 
I have been on long term sickness due to workplace incident i am not fit to return to work as yet anyway i find myself in a really awkward situation at the beginning of my sickness work was in contact with me as normal.but now work have not been in touch with me for a year and a half not even one email letter or phone call has anyone found themselves in this position. I just not sure were i can go from hear i find myself looking to go threw the root of constructive dismissal any advice would be great especially if you have or know someone who has been in a similar situation thanks

Any reason you couldn't have contacted them? Are you still being paid?

Savvy_Sue

I'd have said this was a two way street. Last time we had someone on long term sick leave (ie exhausted both CSP and SSP) we were still receiving Fit Notes as required, and their manager would be in touch from time to time. 

Are you still submitting Fit Notes? If so, next time you send one in, you could ask if your manager or HR could contact you, or you could ask for an Occupational Health assessment if you think there are things which could facilitate your return to work. 

indigoblue11

Why does everyone always shout constructive dismissal when somethings not gone their way. There is no dismissal here you are off sick and unable to work.

cpr17

Hi indigoblue11 said:

Why does everyone always shout constructive dismissal when somethings not gone their way. There is no dismissal here you are off sick and unable to work.

Hi indigoblue11 
Thanks for your comment but no one is shouting constructive dismissal. As i said i am look at it and when you say nothing has gone there way is out of order i find my self as an employee who yes is off on long term sick at the moment in time but when you have zero contact with your employer for a year and a half  it makes you question it really doesn't it i am left looking at what my options are when you have regular contact with your employer at the beginning of the sickness. And then you have nothing for a year and a half puts you in a really awkward position 

cpr17

Savvy_Sue said:

I'd have said this was a two way street. Last time we had someone on long term sick leave (ie exhausted both CSP and SSP) we were still receiving Fit Notes as required, and their manager would be in touch from time to time. 

Are you still submitting Fit Notes? If so, next time you send one in, you could ask if your manager or HR could contact you, or you could ask for an Occupational Health assessment if you think there are things which could facilitate your return to work. 

Hi savvy sue 
Thanks for your comment 
Yes i am still putting in fit notes and yes you are right it is a 2 way street but my employer has chosen not to respond to me and at the beginning i was intouch with them plus having meetings the normal process while you are off sick but then commutation had ceased no response to my emails etc i have had occupational health plus asked for contacted this is why so much time has past since now it puts you in s position what is my next option.

Dakta

what about the posts above indigos? they seem to raise some good questions/points

cpr17

Comms69 said:

cpr17 said:

Hi i am after a bit of advice on were i stand.
I wont bore you to much so will keep it brief. 
I have been on long term sickness due to workplace incident i am not fit to return to work as yet anyway i find myself in a really awkward situation at the beginning of my sickness work was in contact with me as normal.but now work have not been in touch with me for a year and a half not even one email letter or phone call has anyone found themselves in this position. I just not sure were i can go from hear i find myself looking to go threw the root of constructive dismissal any advice would be great especially if you have or know someone who has been in a similar situation thanks

What constructive dismissal? You are not capable of doing your job. You are on sick leave.

The only questions is if the incident is RIDDOR reportable. 

Hi comms69
You ask what constructive dismissal when you are off sick your employer has a duty of care. As quoted in the guidelines of employment law plus constructive dismissal reasons  i never asked about the incident thanks for your input