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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have gentle off sick at the moment following a road

Resolved Question:

I have gentle off sick at the moment following a road traffic accident carry out his envoy duties 4 weeks ago. The Drs has stated he is not fit for work.
Yesterday one of his customer who he visits on a daily basis had an issue. A college has tried to step in to help the customer however he has very little understanding of the site. We asked the individual yesterday he would mind visiting the site next week and he agreed. Only for a couple of hours, he would be picked up and dropped back home and wasn't expected to do any tasks other than really talk through the customer site and expectation. This morning his union have advised him not to do this for us.... as we don't recognise a union where do we stand.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.

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.

Expert:  Ben Jones replied 1 year ago.

How long has the employee worked for you for? Also, has he had any previous issues with attendance?

Customer: replied 1 year ago.

He has been with us for 14yrs and very little absence in that time. He has an excellent track record.

Expert:  Ben Jones replied 1 year ago.

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.

Expert:  Ben Jones replied 1 year ago.

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

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