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  • FIRST POST
    • Lungboy
    • By Lungboy 7th Dec 17, 4:33 PM
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    Lungboy
    Ill health and returning to work, where does my wife stand?
    • #1
    • 7th Dec 17, 4:33 PM
    Ill health and returning to work, where does my wife stand? 7th Dec 17 at 4:33 PM
    My wife works for a water company, is currently on maternity leave and due to go back to work at the beginning of January. During her maternity leave she became very ill with an ongoing, permanent health issue.

    Today she met with her manager and someone from HR and they decided that she can't return to her job due to her new needs with her condition. The HR person has asked her to send in her Cv and they will try to find her something else.

    Where does my wife stand in this situation? There was no mention of pay while they sort her a new post. Is she entitled to any? Or sick pay? She has a permanent contract so I don't know if they are going to simply cancel it. Can they even do that? She's very worried about all of this and it's all so vague that we're struggling to work out what's going on.
Page 2
    • w06
    • By w06 10th Dec 17, 7:00 PM
    • 629 Posts
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    w06
    As Red-Squirrel surmises, it isn't a simple case of urinary incontinence, but something that might never come back or could appear again tomorrow, unexpectedly, and explosively. That's what makes it so hard for the company to deal with in her current post.
    Originally posted by Lungboy
    Do you mean she's fit and well but concerned that a resolved problem may recurr?

    If that's the case could she not go back to her old job and address the issue if it does recurr?
    • Lungboy
    • By Lungboy 10th Dec 17, 9:06 PM
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    Lungboy
    Do you mean she's fit and well but concerned that a resolved problem may recurr?

    If that's the case could she not go back to her old job and address the issue if it does recurr?
    Originally posted by w06
    The problem is resolved for now but will never be cured. It can flare up again for no reason and with no warning, and if that happens when she's stood in a customer's house or sat in her van then it would be horrible .
    • Lungboy
    • By Lungboy 2nd Feb 18, 10:19 AM
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    Lungboy
    This has finally come to a conclusion. Early in January she was put on indefinite paid leave by the company with early access to any new jobs coming up that would suit her skills and medical needs. Best result we could have hoped for!

    Fast forward to yesterday and they have now decided that 1 month was their limit and they are offering her 2 months pay and won't ask her to return her enhanced maternity pay and they'll put her end date as 31st January. This seems quite generous so i'm in favour. However, they want her to sign paperwork saying that she resigned her post, which is not true. If she signed it, could that have any ongoing repercussions over things like JSA etc?
    • Comms69
    • By Comms69 2nd Feb 18, 10:27 AM
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    Comms69
    This has finally come to a conclusion. Early in January she was put on indefinite paid leave by the company with early access to any new jobs coming up that would suit her skills and medical needs. Best result we could have hoped for!

    Fast forward to yesterday and they have now decided that 1 month was their limit and they are offering her 2 months pay and won't ask her to return her enhanced maternity pay and they'll put her end date as 31st January. This seems quite generous so i'm in favour. However, they want her to sign paperwork saying that she resigned her post, which is not true. If she signed it, could that have any ongoing repercussions over things like JSA etc?
    Originally posted by Lungboy
    Technically any voluntary 'redundancy' is a resignation.


    Given she's unable to work, will she be entitled to JSA anyway?
    • Lungboy
    • By Lungboy 2nd Feb 18, 10:29 AM
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    Lungboy
    She's able to work, just not in the role she previously had.
    • pmlindyloo
    • By pmlindyloo 2nd Feb 18, 10:53 AM
    • 11,577 Posts
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    pmlindyloo
    This has finally come to a conclusion. Early in January she was put on indefinite paid leave by the company with early access to any new jobs coming up that would suit her skills and medical needs. Best result we could have hoped for!

    Fast forward to yesterday and they have now decided that 1 month was their limit and they are offering her 2 months pay and won't ask her to return her enhanced maternity pay and they'll put her end date as 31st January. This seems quite generous so i'm in favour. However, they want her to sign paperwork saying that she resigned her post, which is not true. If she signed it, could that have any ongoing repercussions over things like JSA etc?
    Originally posted by Lungboy
    I am presuming that you are actually working and she would only be eligible for contribution based JSA.

    If you resign from your employment without 'good reason' then your JSA can be sanctioned for a period of time.

    Only a decision maker can decide whether your OH had 'good reason'. Given what you have said it is possible that 'good reason' would be accepted. However, the JSA claim could be drawn out. On the other hand it could go through easily. The Job Centre can contact her employers.

    The easiest way would be for the employer and your OH to have a mutual agreement to end her employment because of her health condition. It would be best if this is put in writing.

    I suspect the employer is asking her to resign so that they cannot be accused of unfair dismissal (others more knowledgeable will comment on that aspect).

    Of course if you are not in financial difficulties because of her leaving her job then she may wish to claim contribution based JSA and just see wait what the outcome is.
    Last edited by pmlindyloo; 02-02-2018 at 11:00 AM.
    • sangie595
    • By sangie595 2nd Feb 18, 11:51 AM
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    sangie595
    What is her notice period? How long has she worked there?
    • Lungboy
    • By Lungboy 2nd Feb 18, 12:40 PM
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    Lungboy
    What is her notice period? How long has she worked there?
    Originally posted by sangie595
    She's been there ~4 years. No notice period, they'll be ending her contract as of 31st january. Unless you mean in her contract, in which case I don't know, but I'd guess 4 weeks.
    • sangie595
    • By sangie595 2nd Feb 18, 4:23 PM
    • 4,676 Posts
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    sangie595
    In that case then yes, it's probably as good as is going to get as an offer.
    • Lungboy
    • By Lungboy 12th Feb 18, 1:51 PM
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    Lungboy
    Her work is also offering her up to 350 to get a solicitor to look over the agreement they want her to sign. Is there really any need if she's happy with the terms in the letter she received?
    • ssparks2003
    • By ssparks2003 12th Feb 18, 2:27 PM
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    ssparks2003
    Take the offer and see a solicitor, otherwise if anything goes wrong you will be the one complaining
    • jobbingmusician
    • By jobbingmusician 12th Feb 18, 2:32 PM
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    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.
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    • ohreally
    • By ohreally 12th Feb 18, 2:33 PM
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    ohreally
    I assume the employer is looking to manage the exit through a settlement agreement?
    • Lungboy
    • By Lungboy 12th Feb 18, 3:17 PM
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    Lungboy
    Take the offer and see a solicitor, otherwise if anything goes wrong you will be the one complaining
    Originally posted by ssparks2003
    I'm not sure what can go wrong, but point taken.

    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.
    Originally posted by jobbingmusician
    Perfect, thanks very much for that.

    I assume the employer is looking to manage the exit through a settlement agreement?
    Originally posted by ohreally
    Yes, that's correct.
    • ohreally
    • By ohreally 12th Feb 18, 7:10 PM
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    ohreally
    Yes, that's correct.
    Originally posted by Lungboy
    Go into this with your eyes open, the agreement is for the employers benefit rather than your wifes.
    • Masomnia
    • By Masomnia 12th Feb 18, 8:06 PM
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    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.
    I could see that, if not actually disgruntled, he was far from being gruntled. - P.G. Wodehouse
    • Lungboy
    • By Lungboy 12th Feb 18, 9:35 PM
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    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
    • By Masomnia 13th Feb 18, 8:00 AM
    • 17,213 Posts
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    Masomnia
    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.
    Originally posted by Lungboy
    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.
    I could see that, if not actually disgruntled, he was far from being gruntled. - P.G. Wodehouse
    • Lungboy
    • By Lungboy 13th Feb 18, 9:10 AM
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    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
    • By Lungboy 16th Feb 18, 11:45 AM
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    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.
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