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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45349
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can an employer take you off his books because you are on the

Resolved Question:

Can an employer take you off his books because you are on the sick registered disabled and gave no p45.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for and how long were you off sick?
Customer: Started work September 1987 - August 2010, been off work since
Customer: been working there for nearly 23 years
Ben Jones :

Hi, have you already been taken off the books and if so, when did that happen?

Customer: Yes I found out when I got the yearly p60 and the work place was not on it, found out it was July 2012 this happened.
Ben Jones :

Have you contacted the employer to see what happened and why you were dismissed?

Customer: He said that he had taken me off his books and at that time I was too ill and realised it would be a long time before I got back to work.In December 2013 he has sold the business which was a hotel. The hotel has reverted to a private house and it seems I am all but forgotten, he has never said that he has dismissed me.
Ben Jones :

It is possible to dismiss an employee I they are off work and no longer capable of performing their job. However, the employer must follow a fair procedure, which has certainly not happened here. Also if you are disabled they should have tried t make reasonable adjustments to try and rehabilitate you back into work, which also did not happen, meaning they could also be guilty of disability discrimination.


 


Usually you can make a claim of unfair dismissal and disability discrimination and that must be made within 3 months of the date the acts complained of occurred, which would have been a couple of years ago. However, if you were not aware that this had occurred until recently, then you can argue that the time should start from now instead, meaning you have 3 months from the date you found out.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: Thanking You for your trouble of helping
Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45349
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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