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Nicola-mod, Moderator
Category: Employment Law
Satisfied Customers: 21
Experience:  Moderator
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my colleague has been on long term sick for 13 months due to

Customer Question

my colleague has been on long term sick for 13 months due to hypertrophic cardiomyopathy and arterial septal defect. the company has duly paid him for 12 mths + accrued holiday pay. but have now sent him a letter requesting a welfare meeting to review his future employment with the company which could result in the termination of his employment on the grounds of incapability with pay in lieu of notice. at an earlier welfare meeting the hr person misinformed my colleague that if he felt he could return to work it could be on reduced/phased return but would only be paid for hours worked-therefore my colleague based his decision on this information & remained on paid LTS. I also know that even if my colleague had returned to work when he was capable (albeit for only a couple of months) the manager did not want him on site due to his delicate heart condition - so do i haveroom for negotiation here? has the hr person been irresponsible
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.

taratill : Hello and welcome to Just Answer, is your friend fit to return to work in any capacity now?
JACUSTOMER-bb7jfsgp- :

no - due to his condition which is deteriorating the the longer it continues - it makes him extremely tired.....remember the footballer who collapsed on pitch - thats what he has + compounded by arterial septal defect....

taratill : So there is nothing the employer could do now (or could have done earlier) to assist this employer in the workplace?
JACUSTOMER-bb7jfsgp- :

not now..but at 1 of the earlier welfare meetings (months ago) he wanted to return to work & company advised he could return on reduced or phased return - but my point being that HR misinformed him by advising that if he did this he would only be paid for hours worked - i have subsequently found out within lst 2-3 wks this info was incorrect & neither did HR a HRdvise him of what impact would be if he didn't return to work. in fact the hr person agreed that it would be financially beneficial to him to remain on long term sick as he would receive full pay. i know that the company has already decided to terminate his employment & this we

taratill :

I'm not clear on how he was misled by HR would he have been paid more if he had returned to work as a result of the earlier meeting?

JACUSTOMER-bb7jfsgp- :

no - hr advised him he would only be paid for hours it would have been less...but if he stayed on lts then he would receive full pay

taratill :

so didn't he receive full pay on LTS? please can you explain exactly how he has lost out?

Expert:  Nicola-mod replied 4 years ago.

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,