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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48161
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I'm off work at the moment due to back and leg pain..23 years

Customer Question

I'm off work at the moment due to back and leg pain..23 years ago I had a bone marrow transplant for leukaemia..4 years ago I had a bypass on a blocked artery on my waist due to the radiation for the leukimea and I had surgery on my foot last year to remove a verruca I've been working with this company 9years and I'm wondering would I apply for redundancy on health grounds
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello is redundancy on offer?
Customer: replied 1 year ago.
Don't know was wondering could I apply for it
Expert:  Ben Jones replied 1 year ago.
Thank you. This will unlikely qualify as a redundancy situation because for that to happen you must meet the legal criteria for redundancy, which is one of the following: 1. Business closure – where the whole of the employer’s business is closed2. Workplace closure – closure or relocation of one or more sites3. Reduced requirement for employees to carry out work of a particular kind It does not appear that by you simply being off, you would meet the criteria for redundancy – the first two obviously would not apply and the last one would require the employer to no longer have the need for you to do the job you were employed to do, so in effect they need to remove the role. What you are looking at instead is to try and ask for early retirement on grounds of ill health. You can make that request with the employer so that they consider it. Unfortunately you will not be due any redundancy pay in the circumstances as this is not a redundancy as explained above. This is your basic legal position. I have more detailed advice for you in terms of the options open to you should they refuse your request to early retirement, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. In the event that they refuse to allow early retirement then your options are as follows:· You can remain on sick leave for as long as necessary – the employer could just allow that to continue indefinitely and continue paying you sick pay until your entitlement runs out. Eventually, if it appears you will not be returning any time soon, they could terminate your employment on grounds of capability. As this is not redundancy all you will get is your notice period and any accrued holidays· You are free to resign at any time· If the employer has a health insurance scheme at work which covers you for long term absence from work and pays you your normal pay then they should apply that for as long as possible rather than terminate your employment
Customer: replied 1 year ago.
Just one more question I'm a postman and since they took vans off 3 duties due to cutbacks we were put on bycycles and I think the cycling has minipulated this whole situation..where would I stand with this explanation
Expert:  Ben Jones replied 1 year ago.
Are there still vans on certain duties and is it possible to put you on one of these so that you do not have to cycle?
Customer: replied 1 year ago.
There are but the people on them duties are assigned to them and one of the reasons I'm off is I can't even drive a van at moment with pains especially on left leg and back so clutching aggravates it and cycling does just waiting to go for mri scan .Told them about it but still insisted I cycled
Expert:  Ben Jones replied 1 year ago.
You are likely to be considered disabled in law which means the employer has a duty to make reasonable adjustments. What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:making adjustments to work premises;allocating some of the employee’s duties to others;transferring the employee to fill an existing suitable vacancy;altering the employee’s hours of work;allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;acquiring or modifying specialist equipment;providing supervision or other support. So if they do not apply these and you are placed in an unfavourable position as a result it could amount to discrimination under the Equality Act 2010. So you can ask them to consider early retirement or a dismissal, but be compensated as part of it, for example with the equivalent of a redundancy payment. Otherwise you have to pursue this through the tribunal