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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just resigned from work after being of sick with a brain

Customer Question

I have just resigned from work after being of sick with a brain tumour as I have very bad headaches , no one from my company contacted me for a period of six months . I made several calls to my line Manager and kept them informed of my appointments at Kings and sent all sick certificates to my line Manager, I only found out several weeks ago that none of them had been sent to the regional personnel office.
I feel that my company failed me in their duty of car to me as an employee, and my pay was stopped last month as they said I had been 0ver paid due to them having paid me to mush sick and left me with only £61 for me to live on for the month, again I had to call them to find this out as again no one from my company called to explain I had been over paid, I would like to know if I have a case to bring against them. Regards ***** ***** Wort.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for? I am on the move so may not be able to respond fully until later today thanks
Customer: replied 1 year ago.
4 years and 9 months
Expert:  Ben Jones replied 1 year ago.
Hi there, in the circumstances there are a couple of potential claims you can make against them – one is for constructive dismissal, the other for disability discrimination. Constructive dismissal occurs when the following two elements are present:{C}· Serious breach of contract by the employer; and{C}· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). Disability discrimination would occur of you were classified a disabled and you were treated detrimentally as a result of your disability. So initially you have to establish if you were disabled and then you may be able to argue that you were not treated equally when compared to non-disabled employees. This is your basic legal position. I have more detailed advice for you in terms of the law on disability and how to establish if you are disabled, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Thank you for your reply.the company has offered to pay back the £1400 and repeatedly said that they do not want me to resign and have given me until the first of April to change my mind,even though I have repeatedly said I will not change my mind. Should I take the 1400 pound goodwill gesture, and both personnel and my line manager have agreed that they have failed to me in their duty of care as an employee. They have said if I stay with the company they will give me their full support as they have said the company has done nothing wrong as the fault lies with my line manager for not informing them of my condition. It left me with no other choice but I had to resign as I had lost complete faith in my company by this stage. Do I have a case on this point. Regards Ed
Expert:  Ben Jones replied 1 year ago.
Hello, whilst they may have paid you what you are due, that does not resolve the other issues. So whilst you could take the money offered, you are still able to pursue them further, such as for constructive dismissal and/or disability discrimination. They may try and argue that it was not their but the manager’s fault, but the manager is the company, he represents them and the employer will be liable for the manager’s actions.As mentioned you may also have rights under disability laws and if you are treated less favourably because you have a disability that can easily amount to 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, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
Customer: replied 1 year ago.
Do you offer a no win no fee service, as I would like to try and pursue a constructive dismissal case as I resigned due to the fact I had lost all faith in my company.
I have had a letter from them and in this letter they have said the company have not provided the support expected and confirm I had kept my line manager up to date on my condition , but if I stay with the company they will moving forward look after my health needs.
I will be confirming on Tuesday that I will not change my mind and my resignation still stands, and I wish them to send all outstanding moneys owed to me .
Should I say anything to them regarding the fact I will be pursuing a claim against them.Regards.
Eddie.
Expert:  Ben Jones replied 1 year ago.
Hi Eddie, unfortunately we only offer online assistance on here, we cannot take on work outside of the site, so you will have to look for a lawyer elsewhere. But before you can claim you must go through a conciliation process with ACAS anyway, which is free. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage Also you do not have to tell the employer you are considering taking this further, but do mention you are treating yourself as having been constructively dismissed.

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