How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Do I have a case against my employer, I went into cardiac arrest

Resolved Question:

Do I have a case against my employer, I went into cardiac arrest on 29.4.13 while at work. My job has been given to another employee. I have not been contacted by HR after several requests by me. I am due to retire in April this year and they requested a letter from me stating that I would not be returning to work after this date, I have requested in writing options available to me without any response from them. They have failed to inform me of my rights to claim benefits after SSP was stopped in November 2013 Thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

8years

Ben Jones :

Are you still intending on retiring in April?

Customer:

Yes. I have been told by my GP i am not allowed to go back to work. I have and ICD implant. I went into sudden death syndrome and my heart stopped for 76mins. Thanks

Ben Jones :

ok let me get my response ready please

Ben Jones :

Ok well there are a couple of options on taking this matter further against the employer. One is constructive dismissal, the other is disability discrimination. Constructive dismissal is when you are forced to resign due to the employer’s unreasonable behaviour but this is probably pointless in the circumstance as you can only seek to recover losses of earnings from date of resignation onwards and as you are retiring and won’t be losing any earnings there would not be any point in pursuing such a claim.


 


As far as disability discrimination stands, this is a more plausible claim. It happens where you have a disability and the employer treats you unfavourably because of it or fails to make reasonable adjustments. For example, if you were completely ignored once you went off, no attempts were made to contact you or keep in touch or see if they can make any adjustments to allow you to lowly return and so on, it could all be discrimination.


 


In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.


 


The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.


 


I will break this definition down:



  • Physical or mental impairment – this can include nearly any medical condition;

  • Substantial effect – the effect must be more than minor or trivial;

  • Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;

  • Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)


 


If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, as mentioned above.


 


If you were to take any action a claim has to be made within 3 months of the alleged discriminatory act taking place. If there was a series of continuing acts it is from the last in the series that the time starts to run from.


 

Customer:

in this case when should I start a claim or am I too late, they have not responded to my letter I sent informing them of my intended retirement. I am still sending sick notes to them. I can not return to work doing the same duties

Ben Jones :

when was the last time you asked them for some response?

Customer:

I sent a letter on 5th February 2014

Ben Jones :

it could be argued that their continued failure is a continued act s you should still be within time

Customer:

Thanks Ben

Customer:

Who would I contact

Ben Jones :

the claim is made here:

Ben Jones :

https://www.employmenttribunals.service.gov.uk/employment-tribunals

Customer:

Thanks Ben

Customer:

I will give it a go and thank you for your expert service tonight. I just feel as though I have been forgotten by them. May I add it is the caring company TESCO

Ben Jones :

you are welcome, and I am not necessarily surprised, the large corporates can often lose you in the system as they are so big

Customer:

Thanks and have a good night sleep. I will definitely rate you excellent

Ben Jones :

thanks, XXXXX XXXXX best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions