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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47881
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been off work with stress since November 2012 and was

Customer Question

I have been off work with stress since November 2012 and was served redudancy notice in January 2013. My G P has specifically instructed work not to contact me due to my poor health. Despite this I have recieved a letter saying that they want to discuss my use of the internet whilst i was at work and if I cant attend a meeting my husband must. I have refused as my health is so poor. I am due to finish my employment at the end of March, can they refuse to pay my redudancy?
Thank you
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. They can only refuse to pay you redundancy if they find a justifiable reason to dismiss you in the period between now and when your redundancy takes effect. It does appear that they are trying to claim there have been some irregularities in your conduct, although it is still unclear as to whether they will use that as a reason to dismiss.

If you are off ill and unable to attend any investigatory or disciplinary hearings the employer should postpone these until a time when you are fit to attend. They may try to push these through before the end of your employment for reason of redundancy and if they do so unreasonably then the subsequent dismissal may be unfair and you can think about claiming unfair dismissal (assuming you have at least 1 year of service with them) and even disability discrimination.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
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Customer: replied 4 years ago.

Can you clarify if they can hold a meeting in my absence even where the G P has said I must not attend?

Expert:  Ben Jones replied 4 years ago.
Generally, no - the ACAS Code of Conduct says that if an employee is unable to attend, especially due to sickness, the employer should consider postponing the meeting to a time when they are able to attend.
Customer: replied 4 years ago.

If I need to could I get a solicitors letter stating what you have said?

Expert:  Ben Jones replied 4 years ago.
yes, although you would have t pay extra for that service - we cannot do that for you unfortunately but any local solicitor should be able to