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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Hello, My daughter has been off work on sick, with Dr's notes

Resolved Question:

Hello, My daughter has been off work on sick, with Dr's notes for the last 8 weeks and hasn't received any sickpay/income from her employer.
My daughter is off work due to stress/anxiety due to her employers attitude towards her, e.g. verbal abuse/belittling her constantly. Obviously she doesnt want to return to work and to be honest I dont want her to return there, I have personally spoke to her employer on 2 occasions and received some abuse.
My daughter spoke to him recently asking about her sickpay and he replied 'I'm not going to pay for your life' and again proceeded to insult her over the phone, I was sat next to her at the time and heard every word he said which was not very pleasant and totally unnecessary.
My question is is she able to give her notice in writing to leave whilst still on sick, her current sicknote ends on Wed 3rd Dec. For my daughter's sake and health I do not want her to have any further contact with him whatsoever so please could you advise how westand legally.
Thankyou
Janet
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you. How long has your daughter worked for her employer?

Customer:

Si

Customer:

Hi Jenny, since March this year

taratill :

what has been the reason for the sickness?

Customer:

Stress/anxiety and bereavement

taratill :

Is it the first occassion that she has suffered from this kind of issue?

Customer:

It is with this employer, she was diagnosed in April this year with ADHD/Aspergers

taratill :

Ok thank you. Is her employer aware of this?

taratill :

I mean the diagnosis?

Customer:

Yes she verbally informed him at the time and has since given him paperwork describing symptoms etc

taratill :

Ok thank you. Has she been paid ssp in respect of the time off?

Customer:

No

taratill :

Hi has the abuse been connected with her disability?

taratill :

By that I mean the ADHD Aspergers?

Customer:

Last week during their phone conversation he said she didnt have adhd/aspergers because people with 'that' dont bond with other people and dont go out!

taratill :

Your daughter is being discriminated against. She has can resign during her sick leave and can also bring a claim against her employer of Direct Discrimination. She should see someone for advice on this as she should raise a grievance and claim, there is a 3 month time limit on bringing a claim. She should not be treated in this way at work. She also can claim unlawful deduction from wages in respect of the failure to pay SSP.

Customer:

Thankyou for your help

taratill :

No problem please do remember to rate my answer and do come back to me in the future if you need to.

Customer:

Sorry Jenny can she do a Notice to leave straight away?

taratill :

yes she wont be paid her notice if she does that though.

Customer:

Yes I realise that but its a small price to pay to get her away from the situation, thanks again

taratill :

No problem I am horrified that she has been treated this way. She is entitled to compensation so you should consider a claim.

Customer:

Yes so am I, I just wasnt sure where to go or what to do but now I know shes entitled to something I will definitely follow your advice. Who do I contact re a claim though?

taratill :

Hi you can contact a local lawyer, most offer a free initial consultation. Did you get my message earlier?

Customer:

Not sure which message?

taratill :

The one about the phone call tomorrow?

Customer:

No

Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Expert:  Jenny replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Jenny replied 2 years ago.
Ok I will ask a moderator why.
If you have any further questions please do ask. If I have answered your question please do take the time to rate my answer. Thank you and all the best.

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