Hello, my name is Ben and it is my pleasure to assist you with your question today.Hello, my name is Ben and it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long he/she has actually worked?
Hello can you please let me know what 'case' are you referring to - whether they can sue you in any way?
We have a receptionist who started here September 2012 - basic duties answering the phone, liaising with tenants and landlords for repairs and distributing post.
She has been employed since Sept 2012 as a receptionist - she answers the phone, liaises with landlords and tenants on reporting repairs and distributes post. we have been monitoring sick leave since january 2013 and she has had 21 days sick leave up to and including this friday.
Employers have certain duties under the Health and Safety at Work Act and under common law to take reasonable care to ensure the health, safety and welfare of their staff. This would also include preventing or reducing the causes of workplace stress.
Whilst employees that are subject to workplace stress can take formal action against their employer, this is not necessarily easy to do. There are three main claims that can be made: personal injury or constructive dismissal.
1. Personal Injury - the following requirements must be met:
2. Constructive dismissal - the following requirements must be met:
3. Disability discrimination:
From what you have said she will only have a potential claim if she can show that there was a serious condition at play here, such as depression or something more serious. This is something she will need to back up with medical evidence so at this stage it is certainly not clear if she will have any claim against you.
I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you
what I really wanted to know was did she have a claim against the company bearing in mind she has only worked here for 12 months
the length of her service is only relevant in relation to a claim for unfair dismissal or constructive dismissal. Claims for personal injury or discrimination will not depend on her length of service
If a member of staff has had an unreasonable level of unrelated sick leave, would i be in danger of being sued for unfair dismissal if I got rid of her (if she had only been employed for 12 months)
she cannot claim unfair dismissal if she has less than 12 months' service with you. However if the reasons for her absence are due to a condition that amounts to a disability in law then you may be sued for disability discrimination. So you have to consider whether her condition can amount to a disability:https://www.gov.uk/definition-of-disability-under-equality-act-2010