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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48539
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I HAVE BEEN EMPLOYED BY CO-OPERATIVE YEARS. I HAVE BEEN

Customer Question

I HAVE BEEN EMPLOYED BY CO-OPERATIVE FOR 18 YEARS. I HAVE BEEN OFF WORK FOR 5 MONTHS WITH WORK RELATED STRESS REACTION ON FULL PAY. WHEN SIX MONTHS IS UP, WHAT ARE MY OPTIONS, AND IF THEY PAY ME OFF DUE TO MY ABSENCE WHAT MONEY WOULD I QUALIFY FOR.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What is your employer's sick pay policy?
Customer: replied 2 years ago.

IHAVE NOT ENQUIRED ABOT IT BUT NO INFO GIVEN IN THE HANDBOOK OTHER THAN THEY CAN DECIDE TO PAY ME OFF DUE TO BEING UNABLE TO CONTINUE WITH NORMAL DUTIES.HAVE BEEN PAID FULL PAY UP TILL NOW, BUT DONT KNOW IF IT GOES TO HALF PAY AFTER 6 MONTHS.

Expert:  Ben Jones replied 2 years ago.
If you are currently off sick and receiving full sick pay then how long you continue to receive that would depend on any workplace policy that is in place. Most employers would only pay full pay for a set period of time and then they may either reduce it to half pay for a period or just stop paying you. If that happens then you would most likely go on to Statutory Sick Pay which is the minimum level of ick pay allowed by law, which is approximately £88.45 per week. In terms of terminating your employment they could potentially do that legally without having to pay you off. Capability, where an employee is unable to perform their job due to ill health, is a potentially fair reasons for dismissing an employee under the Employment Rights Act 1996. The definition of ‘capability’ includes competence (skill and aptitude), health (any mental/physical quality) and qualifications. Whether a capability dismissal is fair will depend on the particular circumstances and the procedure that was followed. The employer needs to show they had reasonable grounds to believe that the employee was incapable of performing their job and that nothing further could be done to assist them. In the end they need to show that dismissal was a reasonable decision to take. The courts have held that an important consideration is whether any reasonable employer would have waited longer in the circumstances before dismissing the employee. When looking at the reasonableness of such a dismissal, the tribunal will usually look at the following elements:· What was the nature of the illness· Was the employee consulted over their position and did the employer try to ascertain the true medical position· What was the likelihood of the employee returning to work or the illness reoccurring in the future· The effect a prolonged absence would have on the business and the workforce· The availability of other suitable employment that the employee could do instead Dismissal must always be viewed as a last resort by the employer. Only when it is obvious that the employee cannot continue in their job and that there was nothing else available for them to do would dismissal become a fair option. So in summary, if the employer has not taken time to investigate the true medical position, whether suitable employment was available and generally considered the effects the employee's continued absence would have on the business, any dismissal could potentially be unfair. There is nothing stopping you from trying to negotiate some form of settlement with them but cannot force them to and they could seek to just go ahead and dismiss you based on the above principles. If this does lead to a dismissal then the first step is to formally appeal the dismissal with the employer using the internal appeals procedure. After that all that can be done is to submit a claim for unfair dismissal in the employment tribunal (subject to having at least 2 years' continuous service), and/or pursue a claim for disability discrimination. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.