Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
Can you please provide some more details of the medical condition which signed you off - is it a long-term issue or something which was resolved at the time?
The initial sick leave was due to a problem I had with my shoulder following a car accident 19 years ago. I on and off suffered chronic but GP only prescribed stronger pain killers. In January it was particularly bad and my Line Manager encouraged me to obtain a referral to Bupa which I did. I saw the surgeon and had to have two bones in my shoulder shaved and a slight repair to my tendon. Once the bone has fully healed this will be resolved. Unfortunately on the 2nd of may I had someone go into the back of me which has slowed up healing slightly.
The currently sick leave is due to stress at work and post op
ok thanks let me get my response ready please
If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.
So the key is whether you can show that you had a disability in law and also if the potential dismissal is going to be linked to that.
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. So if you believe that you are classified as disabled and that the dismissal is linked to the specific condition which amounts to a disability, then any dismissal could be potentially unfair and it could also amount to disability discrimination. However, if you do not meet that criteria, they can legally dismiss you as you will not be protected against unfair dismissal due to your length of service.
May I ask why you rated poor service please, I have outlined your legal position in great detail above
So is that the end of the conversation?