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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi My dad has MS and had been through a number of stressful

Customer Question

Hi

My dad has MS and had been through a number of stressful situations with his company where he was treated very badly by them. As well as all this his company decided to close their work place where he worked and to move it to another part of the country. As a result of this all the employees were offered redundancy. My father however was advised by his boss to take an insurance policy (linked to getting pay if you have a persistant illness) that was set up by the company my dad previously worked for before they were bought out by the current company. He was told by his boss that he should take this insurance policy instead of redundancy because it entitled him to half of his salary until he retired. At the time my dad was not given or shown any paper work. He was told he needed to go off work sick for 6 months for the policy to become available. The six months have now passed and his company is chasing him for a signature to say his employment has ceased. However it is only now that he has seen any paper work about the insurance and he will not receive half his wages but hundreds of pounds less plus their are other requirements (retraining after a year). We feel that my father has been treated very badly by his company and misled. We think it is also quite likely that he would have ultimately been better off taking redundancy. Do you think it is worth seeking legal advise about this or is it just a case of we have no case and should have insisted on more information at the time. My father is not at all well and currently in hospital (been there for the last 3 months) which is why I am enquiring

Thanks
Becky
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know when did he leave his employment?
Customer: replied 3 years ago.

he stopped working and went on the 6 months sick leave required for him to claim this insurance policy about 7 months ago

Expert:  Shantal-Mod replied 3 years ago.

Hello,

 

I have informed the Professional that you have replied.

 

Thank you for your patience.

 

Shantal

Expert:  Ben Jones replied 3 years ago.
Hello again and sorry about the delay , the system had not informed me that you were still waiting. Ideally your father should have checked the exact conditions required for the insurance policy before making a decision, although all is not lost as he is still technically employed by the employer and should not be legally bound to go via the insurance policy route. At present he has only been off sick, he has not formally agreed that he will resign or retire early to take advantage of this insurance. As such he can remain off sick or attempt to find a compromise with the employer as to how his employment is terminated. Whilst the employer is able to eventually dismiss him on grounds of capability if he is no longer capable of performing his job, he should try and negotiate with them in order to try and get a payout and leave under a compromise agreement. He can also argue that his company had misrepresented the situation about the insurance policy and as he has not signed up to anything just yet he will refuse to go down that route. The ball is then in the employer's court and your father's rights and next actions will depend on how the employer deals with this from now on.

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