How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

i have a problem Long term employee wife has cancer

Resolved Question:

i have a problem

Long term employee wife has breast cancer and he's exploiting the situation by demanding days off during the week which doesnt allow me to send him away which is part of his job
i have accomadated his every need but my clients are now becomming impatient

i am a small company and dont pay sick and he has also used up his holiday allocation
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

So to clarify it is his wife that is ill, he does not have any medical problems himself?

Customer:

no

Ben Jones :

If he is not the one who is ill then you are not obliged to allow him time off from work, unless he was dealing with an emergency situation that required him to look after a dependent. He may request time off, paid or unpaid, but it is up to you to decide whether such time is granted. He could use up his holidays to take these days off but once these have all been allocated then he is really going to be relying on you to allow him extra time off, which as mentioned you do not have to do.


 


Had he been the one who is ill, then you would have had a duty to make reasonable adjustments, which could have included additional time off for appointments, treatment, etc. However, as he is taking the time off for someone else, that does not apply.


 


Also as mentioned he can take reasonable unpaid time off to deal with emergencies involving dependents but that does not mean routinely taking time off to look after someone who is already ill and when they know this time off is needed. This only applies if there is an unexpected event where he has to be off to deal with it, let’s say she has suddenly been taken into hospital and he has to go straight away to deal with this. It would not however cover general care for someone who is already ill and the issues he is taking time off are not unexpected.

Customer:

can i force him to take unpaid leave until such time he can get his mind back on the job? and if so can he claim benefits

Ben Jones :

you cannot force im to take unpaid leave but if he wants to take such leave then you can grant it. As to benefits that would depend on many factors that would be outside his employment as well, so he would have to get his situation formally assessed by the benefits office

Customer:

ok so really i dont have a leg to stand on unless i go down the disciplinary route, poor working practises etc, can i make his position redundant if i no longer require a team leader we are a small business of 4 hes been with us since dec 2011

Ben Jones :

is he the only team leader?

Ben Jones :

well if the repair does not work you can still ask for a replacement, although it would have to be your friend that does that from O2, rather than you as he is the original buyer

Ben Jones :

sorry wrong post

Ben Jones :

ignore the last sentence please

Customer:

there is myself and wife as partners him as team leader and another as operative, (i think he,s beyond repair lol)

Ben Jones :

:) can you justify you would not need a team leader?

Customer:

only if myself or wife works on site, otherwise i would need a team leader

Customer:

could i make that position redundant offer him an operative job which is on less money, i know he wont accept

Ben Jones :

you could potentially seek to make his position redundant and try to claim that you would absorb these duties, making his job obsolete. You would have to pay him redundancy pay though and his notice period. Also if he believes that the reason for this was because of his wife's illness, then it could amount to disability discrimination by association. To be able to counter that you would need to show there was another justified reason for this, such as business needs, i'e' anything that is unrelated to his wife's position

Customer:

minefield

Ben Jones :

it can be, but all of this relies on him actually pursuing the matter further - he would have to pay over £1k to make the claim and with his issues at home he may not have the time and resources to do so

Customer:

one more question? could i close the business down pay him redundancy 3 years services ( how is it calculated)

Customer:

and reopen as a new business next month

Ben Jones :

redundancy is calculated here:

https://www.gov.uk/calculate-your-redundancy-pay

Ben Jones :

if you were to do as proposed then he still has 3 months from the date of dismissal to challenge it if he believes it was unfair in some way

Ben Jones :

So you could still make him redundant as initially proposed and then wait for at least 3 months before you make any changes, after that you could actually get a replacement for him, like for like, and he would be too late to make a claim to challenge it

Customer:

thanks for your time i think i have my answer im going to have to put sentiment aside and go down disciplinary route

Ben Jones :

you are welcome

Customer:

do i get a transcript of this conversation at the end

Ben Jones :

You have a few options:
a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45375
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice