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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47875
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Deane and i had an accident at home which led me to have 6

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Hi my name is ***** ***** and i had an accident at home which led me to have 6 weeks off work.which was signed off by the doctor and have given those into my work place. the doctor & physiopherapist also said that i should gradully work back to full time hours as i have damaged nerves and muscles which i have pain medication which i have to take 24 hours a day.when i went back to work i did not have a meeting with the company on how and what they could do to help me get back into my role they just left me to work and no one has asked if im ok or not at all but instead ive been told by another work college that im not going to be there much longer.also the same college said that 3 other employees have been arranging for me to be sacked. Can you advise please
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I forgot to mention that about 2 years ago they were bullying a young employee and when they pulled him into the office to sack him. the shop floor manager said to that employee i was ethier a drug dealer or doing benefit fraud because at the time i had got car on finance.that employee left but he had wrote a statement to what he had been told.i then went to the top person and told him what had been said and that i wanted to know why this had been said and im looking to get this legally addressed.the main boss and the line manager said that he was sorry to have said that and it wont happen again.i asked for a letter of oppolagie to be told by the top boss that he thinks word of mouth is good enough.
Customer: replied 1 year ago.
Also now i think of it every employee in the company knows about whats happened and is happening about my medical situation.souldnt that be confidential between the top boss/line manager and myself?
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for?

Customer: replied 1 year ago.
Coming up to about 6 years
Expert:  Ben Jones replied 1 year ago.

What reasons do you think they may be using to dismiss you?

Customer: replied 1 year ago.
Because of the time ive had off from my injury.also my girlfriend had major surgery at the beggining of this year on her right arm. she had to have a metal bar put in to hold her wrist together as she shattered it and metal pins in her elbow as she had a clean break there and they had to move all the nerves around to the opposite side.i did use my holiday to help her recovery as she has 2 children to look after.she did let the company have copys of all her medical notes and papers so they knew.but i used holiday and a few times was unpaid leave after the holiday i had used as she had a few bad days with the pain and not being able to do anything with it.
Expert:  Ben Jones replied 1 year ago.

Dismissing an employee due to sickness absence is a potentially fair reason for dismissal under the Employment Rights Act 1996 as it would amount to a capability or even a misconduct issue.

However, to justify it as being fair the employer needs to follow a fair procedure and act reasonably. First and foremost the employer needs to comply with any workplace sickness absence procedures and policies. For example these could list the number or duration of absences before formal action is taken.

In any event, when considering the fairness of the employer's actions, a tribunal would usually look at the following factors:

· Did the employer investigate the nature, extent and likely duration of any illness and consult the employee in the process

· If absences are short-term and intermittent, investigating whether there is any underlying cause (medical or otherwise). If necessary, follow a capability or disciplinary procedure instead, offering practical guidance and assistance, setting timescales for improvement, and giving warnings where appropriate. Only continuous absences should threaten dismissal.

· Before deciding to dismiss, consider surrounding circumstances, age and length of service of employee together with action taken in respect of similar situations in the past.

· Consider importance of employee and/or the post occupied to the business, the impact their continued absence is having on the business and the difficulty and cost of continuing to deal with their absence.

· Consider whether the employee could take up alternative employment or whether there are any other options that would avoid the need for dismissal.

Dismissal must always be viewed as a last resort by the employer. Only when it is obvious that the employee cannot continue in their job and that there was nothing else available for them to do would dismissal become a fair option. The courts have held that an important consideration is whether any reasonable employer would have waited longer in the circumstances before dismissing the employee.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should this end up in dismissal, 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

Customer: replied 1 year ago.
Thank you ben but what about all the other stuff concerning the slander and malicious behavier from the other staff?
Expert:  Ben Jones replied 1 year ago.

have you complained formally to the employer about these? Happy to discuss follow up queries, please remember to leave your rating for the initial response, many thanks

Customer: replied 1 year ago.
Not about the 3 employees saying get me sacked to one another.and like the last time i brought being accussed of being a drug dealer or benefit fraudster it just got brushed off woth word of mouth
Expert:  Ben Jones replied 1 year ago.

ok as mentioned I can continue with the advice on the comments following your rating as it is follow up advice, thank you

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Expert:  Ben Jones replied 1 year ago.

Thank you. There are a couple of options in these circumstances. First of all as this is a potential case of bullying you can raise a formal grievance with the employer to complain about this. However, as this is an internal procedure the outcome rests with the employer. If you are unhappy with the outcome you can appeal. If the appeal is also unsuccessful then your options become somewhat limited. If you are looking at taking direct action against the people making the comments then really you will be looking at a defamation claim. However, that is very complex and expensive so you will likely have to spend over £10k just to pursue this claim and with no guarantee of success. So pursue this internally but I would not recommend you actually make any formal claims against them.