Sickness/constructive dismissal

cpr17

Dox 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

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

Hi dox 
Thanks for you comment  yes i have tryed and no i am not in receipt of any pay thanks

KatrinaWaves

Can you give some examples of the types of contact you have made that they have ignored? What questions have you asked them, what are you trying to engage them in for example? 

Who is ignoring you, management? HR? Your previous colleagues?

You say you are still not fit for work, so I’m just interested as to what they are ignoring. 

cpr17

Dakta said:

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

What about there post i have responded to it plus im not sure what good points you are on about  

Dakta

"im not sure what good points you are on about"
the ones they asked? 
for example, you were asked if you'd tried to contact the employer, as it was unclear in your opening post and quite a key detail. Even with your (new) reply the informaiton is bland and people are already asking for clarification.

I see a lot of help given on these boards, but you really need to offer the info.

Would a timeline of events, and a summary of what you've done so far to remedy this situation, with some kind of indication as to how these approaches resulted in failure be an ask too much?

cpr17

KatrinaWaves said:

Can you give some examples of the types of contact you have made that they have ignored? What questions have you asked them, what are you trying to engage them in for example? 

Who is ignoring you, management? HR? Your previous colleagues?

You say you are still not fit for work, so I’m just interested as to what they are ignoring. 

Hi katrinawaves 
Examples left phone messages, emails, letters.......
I am not trying to engage them in anything i am wanting a line of communication with them. As through employment law states while you are off sick your employer should be in contact with you either find out what is happening and update on progress etc 
Who is ignoring my whole employer 

KatrinaWaves

cpr17 said:

KatrinaWaves said:

Can you give some examples of the types of contact you have made that they have ignored? What questions have you asked them, what are you trying to engage them in for example? 

Who is ignoring you, management? HR? Your previous colleagues?

You say you are still not fit for work, so I’m just interested as to what they are ignoring. 

Hi katrinawaves 
Examples left phone messages, emails, letters.......
I am not trying to engage them in anything i am wanting a line of communication with them. As through employment law states while you are off sick your employer should be in contact with you either find out what is happening and update on progress etc 
Who is ignoring my whole employer 

A line of communication about what though? You have been off at least a year and a half, I’m assuming a decent bit longer. You are sending fit notes saying you still cannot work. 

I appreciate you want to speak to them but, about what? You can’t work, and are at least 2 years out of the loop with work stuff. They know you are still poorly.

I guess I’m just wondering what there is to speak about in these circumstances. You have to appreciate that things will have moved on in your absence and there may be things they cannot discuss with you as a currently absent employee with no sights on returning. 

yksi

What is it that you want here? A letter of love? Payment for not working? To get fired? To get invited in for a cup of tea? For them to ask you how you're feeling? A birthday present? A P45? A cuddle?

Look at this from a dispassionate business perspective. You are not assisting the business in any way. You are not able to work and you seem to indicate this is not about to change anytime soon. They can't change that or make you suddenly fit for work. They do not owe you any money. They are receiving a steady stream of fit notes saying "cpr17 can't come back to work right now". As far as they are concerned there is no reason to do anything. You really don't have anything to complain about. As has been stated they are well within their rights to have had two meetings, concluded that you have no feasible return-to-work date, and dismissed you. They don't need to be chatting to you when there's nothing to discuss, surely.

On the contrary, you, despite having no feasible return to work on the cards, have not done the right thing and resigned. Your temporary stand-in, who has been doing your job daily since you got ill, is probably still on a temporary contract and doesn't know if his job is secure, doesn't know if he will even have a job next week, all because you haven't bothered to be reasonable and cut the cord. But I bet you didn't think about that poor guy, did you?

I'm really sorry for your long-term illness but the world is not just about you and other people are more focussed on themselves than on you. It's the way the world is.

getmore4less

if you have been trying and thye have not responded on option you could try is to book some holidays.

This is a reasonable request to get some pay and should be done if you have been going on holiday.

This may trigger a response as they will have to make sure you get paid or refuse the holiday.

Is there any chance you will be fit for work in the near future as that could be another option as you will need to be brought up to speed  on their covid save protocols.

Not sure what a constructive dismissal claim would get you,  not sure that lack of communication with someone unable to work is that serious a breach to warrant a resignation.

Without any indication of a return to work the potential losses are notice pay as they are in a position to terminate anyway.

JamoLew

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

Depending on the nature of this - you could be looking at more than constructive dismissal
What does you union say ?
You really need to read up on accidents/incidents at work, RIDDOR etc and provide clear,concise information for people to be able to help
You are just drip feeding at the moment 

cpr17

Hi thanks for all your information and feedback i think i need to be a bit more clear so hear it is.....
I had an incident while i was working which resulted in me going off sick and having several operations and still requiring more it has left me with a permanent disability which has changed my whole life. 
I have gone threw a P.I claim which is done now and resolved my reason for this post is for some information to help me make a decision and what my options are. 
At the beginning of my sickness everything was being followed in accordance while sickness policy and employment law. I.E monthly updates on progress meetings every six weeks with all this they new l am wanting to return to my postion this was never in question. 
As time has gone on there has been no communication from them the last time there was any communication was a meeting with them on how i was doin etc plus in that meeting we arranged a date for another meeting. Since then i have not heard anything off them i even sent them further emails to request a further date to keep them updated. This is now been a year and a half since any contact with them. As i have said my employment was never in question and they know i want to return to my position when i am able to.. 

I am now left in a position that  i have  been ignored and pushed out and if they ignore me i will just resign and go away so they dont have to deal with me and my disability.
As an employer they have a duty of care plus there are laws and policies an employer have to follow to deal with sickness and long-term sickness.
I have tryed to open communication up with them and failed this is why its been so long and now put in this position. I hope i have given some clarity to this and why i have been led to this point.
Sorry to go on i will look forward to any information or help you maybe able to give thanks again