Employment Lawyers Can Answer Your Employment Law Questions
Hello Paul, my name is ***** ***** I am happy to help you today. What was the reason for the sickness absence?
I injured my back and had to have an operation.
Was advised not too drive for 6 weeks, so company arranged for me to work from home.. Returned to work on the 2nd June.
Did the injury occur at work and was it long term or was it completely sorted out with the operation?
Injury occurred at home - back gave out after 2 or 3 weeks of back pain.
I'm still on medication, but the operation greatly improved the problem
So would you say, without the effects of medication , it would affect your ability to carry out day to day activities and that it could be long term , lasting at least a year?
Yes - without the medication I would still be in pain (though not as bad as prior to the operation - I was incapacitated), and would possibly continue to be painful into the future. I have a medication review with my GP at the end of November.
ok but would the degree of pain you would be in affect your mobility and prevent you from carrying out day to day activities ? Sorry to ask such in depth questions but this is really important.
That's OK. Without the medication, then yes, it would severely restrict my ability to carry out day to day activities.
Ok as you correctly identified with under a year's service you have limited employment rights. However the exception to this is if you can demonstrate that your termination was for a protected reason under the Equality Act 2010. You can argue that your injury amounts to a disability in that a disability for employment law purposes occurs where there is a physical or mental impairment which is long term and has (without the effect of medication) a significant impact on your ability to carry out day to day activities.
You should therefore appeal against your dismissal on the basis that you consider yourself to be a disabled employee and that their action runs contrary to the Equality Act.
You can also engage in ACAS early concillation prior to bringing a claim.
It may well be that they will agree to enter into a settelemnet of some sort to avoid you bringing a claim.
http://www.acas.org.uk/earlyconciliation is the link to the ACAS website.
If you have any further quesitons please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all theb est.
Thank you, ***** ***** appreciate your input. I will make further enquiries with ACAS. Thank you again. All the best. Paul