Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
I believe he may be putting in a claim against the driver who caused the accident.
The accident according to his Drs note is Due to a road traffic accident which has bought on the early onset of Type 2 diabetes. His medication is not yet under control.
How long has the employee worked for you for? Also, has he had any previous issues with attendance?
He has been with us for 14yrs and very little absence in that time. He has an excellent track record.
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. Regardless of whether you recognise a union or not, the final decision rests with the employee so whilst they may take the advice of a union, they will be the ones who make the end decision. In this case they have decided not to attend the site and sadly there is not much you can do to force them to do so. If they have been signed off sick and have medical evidence to back that up then they cannot be expected to attend work or to do anything related to work. You should let them recover and not expect anything work-related from them. There are limited circumstances when you may contact them for work related matters, such as if they have unique knowledge of a system or process or confidential information which you urgently require but this should be kept to a minimum and only if absolutely necessary. So whilst here is nothing stopping you from asking them if they are willing to attend the client’s site, if they are not willing to attend then you cannot force them to do otherwise. Also you should not penalise them for not wishing to do this. As mentioned you can ask but if they say no, then you have to respect their decision, whether it was arrived at individually or through consultation with a union, even if you do not recognise them.
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