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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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My partner is in hospital and his employers have sent him a

Resolved Question:

My partner is in hospital and his employers have sent him a letter with regards ***** ***** meeting he had on 19th November implying that he should have postponed his surgery as it is a busy time of year and how he has not considered the needs of the business when booking his surgery he has had a total left knee replaced due to not cartilage. He will be off for 7 weeks and they want to do a return to work interview after 4 weeks. The letter has a rather threatening tone and there are many faults in the letter with regards ***** ***** etc. I don't know what we should do
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long has your partner worked for his employer for?

JACUSTOMER-l861ghm8- : Good morning he has worked for them for 16 years
taratill :

Did he discuss with them having the operation before going in for it and before he had the operation would you say that his condition had a significant impact on his mobility?

JACUSTOMER-l861ghm8- : Hi yes he did discuss it with them but due to
taratill :

Hi I think part of your sentence is missing? It starts but due to?

JACUSTOMER-l861ghm8- : His health becoming more and more affected he was in significant pain but as we are in the pub business his area manager told him to postpone the operation but he felt he
JACUSTOMER-l861ghm8- : couldn't as he is in disease modifying drugs for arthritis you have to
JACUSTOMER-l861ghm8- : choose very carefully when to do this type of a
JACUSTOMER-l861ghm8- : operation as his risk of infection is high and he had to stop taking the drugs 2 weeks prior to surgery so that his immune system was at it peak to be able to fight infection
taratill :

It is my view that it is unreasonable for his employer to do this and it also potentially amounts to disability discrimination.

taratill :

Your husband is within his rights to raise a grievance about this with his employer. If the employer had notice they should have been able to organise for someone to help.

taratill :

I would suggest that he therefore send s a written grievance and states that if they do take action he will vigourously defend it and consider his position.

taratill :

He potentially will have a claim of disability discrimination and if he were to be dismissed he could claim unfair dismissal.

taratill :

If you have any further questions about this please do ask.

taratill :

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

JACUSTOMER-l861ghm8- : Just one when he had the meeting with his area manager to discuss his health he had no notification of the meeting and also the letter took three weeks to get to us and they have requested a return to work interview after 4 weeks when he will be off for at least 6. Also should we have been sent the minutes of the meeting?
taratill :

Hi procedurally that is unfair and he should make a note of that in the grievance. He is entitled to a copy of the notes of the meeting You should request them. If they refuse it is unreasonable.

JACUSTOMER-l861ghm8- : So to be cheeky but his area manager seems to be increasing harassing him more and more I have been told that they want him out of the business as the pub needs to make more money
taratill :

That would amount to unfair dismissal. If he has been told this he can put this in the grievance and say that he feels that he can no longer work there having been treated like that.

taratill :

He would then have to engage ACAS early conciliation details of which can be found at. http://www.acas.org.uk/earlyconciliation

taratill :

If that is unsuccessful he can then raise a claim in the Employment Tribunal.

JACUSTOMER-l861ghm8- : In his letter he states that my partner made arrangements for his parents to come over before the appointment was arranged which I know is incorrect as we got confirmation on the Tuesday he called his parents the same day after he spoke to his boss as they live in France. We have two young children and he told my partner that I was not allowed time off to look after him as I am a licence holder
taratill :

well this supports your posotion.

taratill :

He really does need to raise a grievance now.

JACUSTOMER-l861ghm8- : Thank you for the information jenny I thought we had a case for a grievance as I'm studying hr and it really didn't sit well with me at all. It's great to get information thank you again
taratill :

I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time. All the best with this.

JACUSTOMER-l861ghm8- : I just have and it's excellent
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