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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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my son has a job which is stressing him out to the point where

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my son has a job which is stressing him out to the point where he is ill and depressed.
He also has a sessional part time self employed job for 3 hours which he loves and which the Dr says she thinks he should carry on with as he is passionate about it.
Can he do this
tdlawyer :

Hello, thank you for your question. My name is***** can assist with this.

tdlawyer :

There is no reason your son cannot return to work if the employer is prepared to accept him.

tdlawyer :

You cannot force the employer to allow him to return, although a failure on the employer's part to permit this, when it is reasonable in all the circumstances to do that, might mean that he has grounds for constructive dismissal.

tdlawyer :

I appreciate that constructive dismissal is probably not where he wants to be with this, given that he loves his job, but in order to secure his return to work he does need to work with the employer to achieve that. If the doctor certifies he is fit to return to work, then that is a massive step forward in that direction and most employers would be unwise not to heed the medical evidence.

Customer:

The question I asked was if my son could work on a sessional job of 3 hours self employed when off sick. This I feel does not address this.

tdlawyer :

I see that you have rated the service is "bad". I had not finished our chat, I had only started a brief outline, so that we could talk about issues. I'm happy to address specific issues now.

tdlawyer :

The issue here is that by doing this, he might be in breach of his employment contract with the job which is stressing him out.

Customer:

ok but the service sign came up! My apologies.

tdlawyer :

Don't worry!

tdlawyer :

Do you know whether his contract allows him to work for other employers?

Customer:

His boss knows he is doing it as it is a slimming club franchise so one session a week. does not interfere with his day job and dr feels that has kept him sane the last few months and although not put it in writing has said this to him.

tdlawyer :

That his boss knows that he's doing it then it is unlikely to be in breach of his contract. Even if it was in breach, the fact the employer knows about it, and has chosen to do nothing, may mean he has an argument to say that the employer can no longer take action anyway.

tdlawyer :

How long has he worked for the larger company for?

Customer:

10 years approx. not 100% sure but has lost his sparkle and he just goes in does his job and comes home as he puts it. Not what an employer wants but the atmosphere in his section is apparently not good with another employee off with stress but not sure if employment stress or other issue.

tdlawyer :

Okay. So he has protection from being unfairly dismissed, and this is an important point.

tdlawyer :

I expect in the circumstances, although your appreciate this is not a definitive answer, he may be entitled to continue with the other job whilst being off from the main job which causes stress and depression. If the medical evidence suggests he ought to carry on with the part-time job, because it is good for his health and well-being, then I think any employer would find it difficult to suggest otherwise.

Customer:

Great I do think it is a question of getting him back to fitness and motivating his self again. Depression makes you stressed and tearful and this is how he has been for a good 6-12 months he has displayed this to his boss who has tried but not done anything positive such as Occupational health interventions. Should this have happened do you think/

tdlawyer :

If this has been going on for that length of time, then yes, the employer would be under obligation to consider what could be done to ensure a return to work.

tdlawyer :

In fact, depression for a period of 12 months or more will be a disability under the Disability Discrimination Act and the employer is under a legal obligation to consider reasonable adjustments to facilitate the return to work.

Customer:

Sorry he has just gone off sick today but the issue about his telling his boss has happened over that period my error sorry.

tdlawyer :

Okay.

tdlawyer :

Again, given the length of time, the employer is still under an obligation to consider reasonable adjustments to allow him to return to work.

tdlawyer :

This could include allowing him to work elsewhere, or even if contractually he is not prevented (or the employer knows has chosen to do nothing about it) from working elsewhere, he may be entitled to do this other work anyway.

tdlawyer :

Does this answer your question for this evening please?

tdlawyer :

If this answers your question, please do remember to rate the answer for me, so as to close the chat.

Customer:

Yes I think so I appreciate the time and it has put my mind at rest. thank you. I will rate it correctly this time.

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