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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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xxx xxx works at club for 3 years and 5 monthsHe has

Customer Question

xxxx xxxx works at club for 3 years and 5 months He has been of work for 28 weeks and is not due back until late October at the moment. He has pancreatic cancer. His job is steward for the xxxxx club, which in tails serving the public, cellar duties ie lifting of barrels etc, general cleaning of the club and bar, he works 6 days a week, evenings Monday to Saturday, he has a day of on Thursday, Sunday 12 till 6. He earns £350 before tax. He has 28 days holiday starting from January 2013, his contract says he is not allowed to carry any holidays over, as goodwill the committee let him carry 5 days over giving him 33 days holiday in which he has taken 12days up to date. We have paid his ssp for the full 28 weeks, and is not receiving any monies from the club. As a club we have only one employee to carry out the above duties. We have had a committee meeting regarding xxxx returning to his position, we are concerned that on his return he will not be able to carry out his contract. We have approached him regarding an end of employment payment, we asked him an amount, he verbally agreed with a committee member a sum of £2,500, but has gone away and seen cab etc and will now not take anything less then £5,000, we need advice on where we go from here as we are not willing to pay this amount, or how to work out an appropriate sum of monies and also as this is a whole job that cannot be split up, is he going to be able to carry out his duties.

Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Hi what enquiries have you made to ascertain his fitness to return to work? Is his condition chronic or is he expected to able to resume full duties in due course?Have you asked for any medical reports?
Customer: replied 3 years ago.

haven't made enquiries to ascertain fitness


don't no about full duties ?


Have not asked for medical reports


 

Expert:  Senior Partner replied 3 years ago.
Ok thanks. The issue here is that you can dismiss someone if they are medically unfit for work but before doing so you have to investigate and make sure the medical evidence shows that they will not be fit to return to work in a reasonable period. You also need to make sure that there is no disability discrimination involved. You have said you have made no investigation but simply want to pay him off on a compromise agreement.

If you dismiss him on this basis it will certainly be unfair dismissal and I think £2,500 is probably at the low end of what he might expect given that he may have a lot of difficulty getting another job.

Your choices are either increase the offer a bit or go through a proper assessment to find out if he is likely to be able to resume full duties in the near future whether his condition is ever going to improve and if he is considered disabled if there is another way of splitting the work load to accommodate him.

You could of course just dismiss him and if he brings a claim try and settle it through ACAS for the sum originally offered.

I think you r best course to be honest is to try and increase the offer a bit. Make sure if you settle you do it through a proper compromise agreement

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