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Jenny
Jenny, Solicitor
Category: Law
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There, my brother is a village butcher and has been since

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Hi there, my brother is a village butcher and has been since leaving school some 25 years ago. He works for a guy who owns the butchers and there are just the two of them. This is the only job my brother knows. My brother's wife has recently left him, which is bad enough, but he has just found out that his wife actually left him for the guy that employs him. My brother is now left in the situation where there is just him and this other guy in the butcher's shop working together and it is intolerable for him to carry on working there. He is very depressed, but believes that he will only get statutory sick pay if he gets signed off sick. Basically, my request is, is there anything that my brother can do - leave his job and sue - get signed off depressed and claim full pay - or something he can do to get out of this situation, as he is left in an impossible position with no real prospects of another job. Thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello Theresa, that is truly a terrible situation. Is it the case that his employer has been having an affair with his wife whilst he has been employed ? When did he find this out?
Customer: replied 1 year ago.
Hi there, basically his wife said that they were over I think last month, my brother has since had to move out of their home (they have a young child). My brother is now living in a spare room at a friends house. His wife is still living in the house (council house) and also works in a café next door to the butchers! Last week the employer's wife came into the butchers shop and basically caused a scene by blurting out that my brother ought to know what was going on and basically said that her husband has been having an affair with my brother's wife! That's how he found out. He walked out of the butchers that day but I believe has been back since as he needs the money and has no other job prospects. So, in answer to your question, yes they have been having an affair whilst my brother was in employment.
Expert:  Jenny replied 1 year ago.
So he only found out last week? Has he spoken to the butcher about this or raised any grievance? Does he have a contract of employment?
Customer: replied 1 year ago.
OK, the thing is that he was actually mates with his employer, and has spent the few weeks since his wife and him split up pouring his heart out to his employer (as there are only the two of them in the shop). So it was a double whammy of hurt and embarrassment to find out that his employer knew all along and was actually the reason for the split! I don't believe he has actually said much to the guy since he found out - my brother is very passive and never wants to cause a scene. As regards ***** ***** of employment - I believe he has one but it's very basic being only a small business, he doesn't get paid a lot and doesn't get much holidays etc.....
Expert:  Jenny replied 1 year ago.
Does he normally get paid in full if he goes off sick?
Customer: replied 1 year ago.
I don't know if he has ever been off sick, but I will check with him. Don't have the answer to that just now I'm afraid.
Expert:  Jenny replied 1 year ago.
Ok can I just ask how old your brother is?
Customer: replied 1 year ago.
He is 43
Expert:  Jenny replied 1 year ago.
Ok thank you. There seem to be 2 issues here, the first is whether your brother is entitled to full pay for sick leave. The answer to this depends on whether his contract entitles him to full sick pay. It may be that the contract sets out this entitlement. If it does not then he may still be entitled to this through custom and practice this may be the case if he has always been paid sick pay in the past. More significantly if he does not want to continue to work for the employer he could consider resigning and claiming constructive dismissal. This would be on the basis that the employer has treated him so badly that he is left with no alterntaive but to resign and claim. Given that circumstances it is clear that there has been a breach of trust. He would need to write to the employer to tell him that he can no longer work due to the employer's actions and then raise a claim, first starting early conciliation proceedings with ACAS. Obviously this should only be done if he truly feels he can no longer work there. Please do let me know if you have any further questions about this. Thank you and all the best.
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Customer: replied 1 year ago.
OK thanks
Expert:  Jenny replied 1 year ago.
No problem, thanks for rating my answer and do come back to me in the future if you need to. kind regards