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Jenny
Jenny, Solicitor
Category: Law
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My son, a chef, has been diagnosed with typhoid after returning

Resolved Question:

my son, a chef, has been diagnosed with typhoid after returning from South America. He has stayed off work by choice. How long can he "stay away" before his employees get awkward about a return to wotk
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long has he worked for the employer and is he signed off sick by his doctor?
Customer: replied 2 years ago.

1 year at Zedel and yes, signed off

Expert:  Jenny replied 2 years ago.
Ok until he has had a test which shows he is no longer carries the bacteria in his system the employer cannot have him back at work as it is a disease for which a person cannot be employed around food.
Until this happens the employer cannot expect him to return. The slight difficulty for your son is that an employer can dismiss for any reason in the first 2 years of employment so long as it does not discriminate against the employee.
If this were to happen your son could try to appeal on the basis that he was dismissed due to a health and safety reason but I'm not sure that that argument would work in reality.
I do hope his employer is reasonable and that he makes a speedy recovery.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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