Dismissal while on long term sick

tazwhoever wrote: »

Thanks, I guess some employers like mine knew what brain surgery is and the impact it has on a person.

That really isn't a fair comment. Your employer might have the capacity to manage a long absence. Not everyone does. Nine months is exceedingly generous; and most of those "cushy" public sector employers start dismissal at 12 months. If your employer can manage without you at work for 18 months you are very fortunate. Or easily replaceable!

I have to agree with everyone else I'm afraid. It's terrible that she's been through this accident and remarkable that she's recovered so well. But the employer had acted in a legally fair way, and, to be honest, better than the vast majority would have. In terms of legal fairness, given a correct process which had been completed, after nine months no tribunal would rule it other than fair. I raise that grew people like it when this is pointed out, and I don't mean it to be horrible to you - but employers employ people to be in work and to produce work for them. In the end, even the best employer is an employer not a charity or a social work department; and they won't wait on a return at "your" pace, but at what suits them. I work for an absolutely fabulous employer who would wait an awful long time - people have had up to two years on sick! But even they won't wait for ever, and two years is the longest they've gone.

As for changing the job description, sorry, but things move on; and here's the frequent "devil you do, devil you don't" issue that we see here all the time. Half the posters complain about the lack of contact from their employer. The other half complain about the contact!

And I doubt the employer will feel any comfort in her being possibly able to return a bit in several weeks. That's a very stretchy piece of long string! I can't imagine how much effort it will take to return to work after something like this. I am returning on Monday for a phased return after three months sick ( and an employer who is very good, and I have worked for for 30 years), but last week I went and did a half day on something I needed to be at. A half day. It nearly killed me!!! And I am by no means anywhere near the position your wife has been through. I rapidly reevaluated the amount of time I'd be in and the length of the phased return! I suspect that it will be a lot harder than you or she imagines. And given my own experience of OT and physio - significantly harder than they think!

If you feel that you have to appeal - and by that I actually mean if she feels she has to - then do it. But I wouldn't be very hopeful of the outcome. Regrettably, I think the employer had been relatively fair, and I can see their point of view. More to the point.... A tribunal would see their point of view, and in the end, it's a tribunals definition of fair that matters most.