Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
Are you still intending on retiring in April?
Yes. I have been told by my GP i am not allowed to go back to work. I have and ICD implant. I went into sudden death syndrome and my heart stopped for 76mins. Thanks
ok let me get my response ready please
Ok well there are a couple of options on taking this matter further against the employer. One is constructive dismissal, the other is disability discrimination. Constructive dismissal is when you are forced to resign due to the employer’s unreasonable behaviour but this is probably pointless in the circumstance as you can only seek to recover losses of earnings from date of resignation onwards and as you are retiring and won’t be losing any earnings there would not be any point in pursuing such a claim.
As far as disability discrimination stands, this is a more plausible claim. It happens where you have a disability and the employer treats you unfavourably because of it or fails to make reasonable adjustments. For example, if you were completely ignored once you went off, no attempts were made to contact you or keep in touch or see if they can make any adjustments to allow you to lowly return and so on, it could all be discrimination.
In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, as mentioned above.
If you were to take any action a claim has to be made within 3 months of the alleged discriminatory act taking place. If there was a series of continuing acts it is from the last in the series that the time starts to run from.
in this case when should I start a claim or am I too late, they have not responded to my letter I sent informing them of my intended retirement. I am still sending sick notes to them. I can not return to work doing the same duties
when was the last time you asked them for some response?
I sent a letter on 5th February 2014
it could be argued that their continued failure is a continued act s you should still be within time
Who would I contact
the claim is made here:
I will give it a go and thank you for your expert service tonight. I just feel as though I have been forgotten by them. May I add it is the caring company TESCO
you are welcome, and I am not necessarily surprised, the large corporates can often lose you in the system as they are so big
Thanks and have a good night sleep. I will definitely rate you excellent
thanks, XXXXX XXXXX best