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 taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

I have been on long term sick leave since start of October.

Resolved Question:

I have been on long term sick leave since start of October. I am due to come to the end of paid sick leave.
Since I have been off the company lost the contract so I have been tupped to the new company. Where do I stand as I have been asked to complete a health questionnaire about sickness I am not sure what to say. I have been asked how much sickness I have had in the last year, until my brain tumor I had not had any sickness in the 12 months previous.
My question is where do I stand as I am not likely to be able to return to the post I had is it acceptable my new employers terminate my contract on medical grounds or can I ask them for this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
How long have you worked for the employer in total, including prior to the tupe transfer?
Customer: replied 2 years ago.

since december 2010

Expert:  taratill replied 2 years ago.
Do you think you are capable of returning to work in any capacity?
Customer: replied 2 years ago.

I hope so but not in the position i was in.

Expert:  taratill replied 2 years ago.
have you been asked to provide a medical report or to see an occupational health advisor?
Customer: replied 2 years ago.

Not yet as I am not ready to return yet. but I know I will be and I will not be able to do the job as before as I am not allowed to drive.

Expert:  taratill replied 2 years ago.
Ok your employer may not dismiss you without being reasonable.It also has to consider making reasonable adjustments before making a decision to dismiss you.
It is ok for them to ask you to fill out a form about your past health but they may not use the results to terminate your employment.
You may want to request a meeting to discuss your future employment and roles that you may be able to do in the future. If you do not want to return it is ok for you to ask for an off record discussion about the possibility of a settlement agreement.
If you have any further questions please ask. 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.
taratill and other Employment Law Specialists are ready to help you

Related Employment Law Questions