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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47337
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I requested an application health retirement due to an old

Resolved Question:

I requested an application for ill health retirement due to an old spinal injury back in March in which my manager agreed to support. She has not started the process, despite numerous promises and I am 3 mths into my 6mths full sick pay. Am I in a position to threaten legal proceedings?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello do you know what the delay has been for? I am travelling at the moment so will reply fully later this morning thanks

Customer: replied 1 year ago.
Thanks for such a quick reply!
Only that she has been too busy
Expert:  Ben Jones replied 1 year ago.

Hi, thanks for your patience. In the circumstances you will have two potential claims which you can use as leverage to try and threaten taking the matter further. Hopefully that will prompt them to reconsider their position and to actually progress with the application. One is constructive dismissal, the other is disability discrimination.

Constructive dismissal occurs when the following two elements are present:

· Serious breach of contract by the employer; and

· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.

A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

Disability discrimination is where you re treated less favourably because of a disability and in the circumstances that could also apply.

I would also suggest you consider going down the grievance route first – a formal complaint submitted to your employer. That can also have the desired result.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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