Long term sick

[Cooperhart]

I've been off sick since feb my employer is now talking about terminating my contract, I've been with my company 15 years does anyone know what I'd be entitled to from them, thank you.

[aberdeenman]

hi im not sure what you can be entitled to. but as far as im aware if your off long term sick, they can terminate your employment due to health reasons after 12 months. the only thing you might get is any pension you paid into that company.

tam

[stone-UK]

Hi

You would have to look at the terms of your contract, and take advice accordingly.

There should be a set procedure in respect of sick leave, long term sickness.

[Hidden]

The best website to look at is ACAS - they have an employee section and will be able to advise you what your employment rights are. Good Luck xx

[Cooperhart]

Thank you x

[Minushabens]

A lot wil depend here on what process they are following (disciplinary, capability, redundancy??). If there's one overwhelming bit of advice I would give you it is speak to a union if you're a member & join one if you aren't. If they are a decent company then the union will be able to help you negotiate with them, if they aren't the union can apply pressure on them to behave properly or support you with further action if you have to go down that road.

Assuming they are going down a route that says you are not physically capable of doing the job there are still a lot of hoops to jump through. Whilst a good employer will get it right & achieve as reasonable an outcome as they can for all concerned, there are plenty of companies who make assumptions that are entirely at odds with the law.

What they can or can't do will also be heavily dependent upon their own policies (failure to follow their own policies & procedures is the single biggest reason why employers lose Employment Tribunals), so again assuming they are trying to do the right thing, you need to get hold of the appropriate documents & see what they say.

Suffice to say employment law is a minefied but in broad terms what you are entitled to will be defined by your contract.

Hope that helps a bit.

[Cooperhart in reply to Minushabens]

Thank you x

[Puffthemagicdragon]

Don't quote me but I think an employer must look to see if there are any other jobs you are capable of doing within the company before dismissing you.

[Cooperhart in reply to Puffthemagicdragon]

Thanks x

[Puffthemagicdragon]

This is the governments policy on termination of employment due to sickness. I've only put it as a guideline. I hope it helps.

hr.gov.nt.ca/human-resource...

[Hidden]

Hi after you have been with a company for 2 years or more they cannot dismiss you without a valid reason and must go through the steps listed in your contract ie written warnings, final written warnings etc. They would not dismiss you due to sickness but for not fulfilling your contract by being at work. Semantics maybe but this is how it works.

Do they know about your illness? If so under health and safety law they have to make 'reasonable adjustments' to help you stay in work. These could include moving you to a new job, offering part time work, extra breaks, more sick leave etc. They should have also referred you to occupational health for their advice. Please be aware though that adjustments can be made according to 'business needs' and they haven't got to follow occupational healths recommendations.

If they don't follow the rules on this and still sack you then your only option is to take them to tribunal. It's very good advice if you are in a union to contact the rep.

I have been in this situation myself which is how I know how it works. I do feel for you as it is horrible to go through. Good luck and I hope you can get it sorted. x

[Cooperhart]

I've been off since February I've had an assessment etc so dismissal is the next step just wondered what payments I should receive x

[snappy1]

that seems very harsh I went long term after 2 weeks and they could of terminated straight away. back at work now and enjoying it.

[grannyjan]

Do you have a company pension? you could try for ill health retirement, obviously it depends on the terms of your pension, but they should have a contact no. for queries.

jan x

[Stephend]

Morning

They have to do reasonable adjustment to allow you to carry on working for them that covers a lot it could be time off when ill or give you a job you can do that does not make your illness worst I had this for 3 years in the end it was the fact I couldn't say I could be at work tommrow let alone for a week they got me out as I had to much time off dew to my illness so there are things that they have to do but in the end it time off that they get you on

Sorry it's not all good news best of luck and the GMB stood by and let them do it as well 😁

[FarmerD]

These things change all the time.Talk to your Union if a member,might be worth joining one if your not,they can help and support you and deal with the company if they get stroppy.Do it quickly as the Tories are trying to block any workers rights we still have.Good luck!D.

[Armadillo57]

They should offer you an appointment with occupational health first. Or could they offer you something that you could do rather than your usual job.

fitforwork.org

Check this new legislation out.

You need to look at your contract.

Def contact this web address.