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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64752
Experience:  Qualified Solicitor
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I have osteo arthritis in both my knees my job is a shunter

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i have osteo arthritis in both my knees my job is a shunter and i have to climb on and off a shunting unit and has started to get very painful as from 1st of June i will be working for another company as they are taking over i don't think i can do the job anymore because of my knees can i have redunancy due to my knees and can i claim redundancy pay as i have worked there for more than 10 years
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: not yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee full time
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Can I just check, has your employment been continuous?

Customer: replied 8 days ago.
yes i have had sick days but it has been continuous

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 8 days ago.
no thanks off sick haven't got £44

Don’t worry this is just for an optional phone call. You cannot ask for redundancy because you cannot do your job – that is not what redundancy is for – this only occurs if the employer no longer needs you doing your job, such as because the job disappears or there is a reduction in business.

 

Assuming they have no alternative positions for you or cannot make changes to help you do your job, then it is a case of either resigning or being dismissed on grounds of ill health, neither of which entitle you to any compensation, apart from you notice period.

 

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

 

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