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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I had accident about a week ago that was fatal my company

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Hi I had accident about a week ago that was fatal my company put me on the sick and paid me company sick pay now my company are holding a disciplinary for gross misconduct can they sack me whilst on sick and can they stop the company sick pay as it is down to the company if they pay the Company disciplinary consists of a meeting of which I tell them what happened they then go and think about it and then send your letter out on their findings can you tell me if this is legal yours faithfully Mr T C Jenkins
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 7 months ago.

Please can you provide some background information on the incident? Please can you also tell me how long you worked there for?

Customer: replied 7 months ago.
I work for the company between for4to5years years the accident was an RTA with the police are investigating
Expert:  Ben Jones replied 7 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. It is entirely possible for the employer to try and dismiss you whilst you are off sick. However, if you are genuinely signed off and not fit for work, you should be able to ask for a postponement to a time when you are fit to attend. It would be reasonable to allow you to be fit to return to work before you are asked to attend a disciplinary. However, the employer would not be expected to delay such a meeting indefinitely so after one or two postponements or no likely date for return they can potentially proceed with it and perhaps ask you to submit your defence in writing.

In terms of stopping sick pay, In situations where an employee has been in receipt of discretionary sick pay and the employer wishes to terminate such payments, it may be advisable to give at least a month's notice to the employee. Alternatively, the employer should consider reducing their pay gradually so that the employee does not simply go from full pay to reduced pay or no pay in a short period of time.

Similarly, if medical evidence shows that the employee may be able to return to work in the near future and they have only just lost their sick pay entitlement, it may be appropriate to continue paying the employee for the remainder of their absence. If there is no definitive return date, the employee has already received sick pay for some time and their entitlement has expired, the employer may be justified in terminating discretionary sick pay, subject to giving the employee some notice.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should the employer dismiss without a fair procedure, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Expert:  Ben Jones replied 7 months ago.

Thank you. If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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