Body & Soul1 min ago
Long term sick
1 Answers
My other half has been signed off work since March, he has peripheral neuropathy which was caused by undiagnosed pernicious anaemia. The pernicious anaemia has been fixed, he is now on regular B12 injections but the neuropathy isnt. He is a CNC machine operator and therefore cannot do his job properly or safely as he cannot feel anything from the waist down or from the shoulders down to the fingers. The neurologist says this is temporary....although it has almost been 12 months!
He has now passed the 28 weeks on sick and has to go for a medical at the job centre next week...we would like to know....what happens if the company say they cannot keep his job open...do they have to make him redundant or pay him off or sack him?
Any advice would be helpful....Thank you
He has now passed the 28 weeks on sick and has to go for a medical at the job centre next week...we would like to know....what happens if the company say they cannot keep his job open...do they have to make him redundant or pay him off or sack him?
Any advice would be helpful....Thank you
Answers
Only 1 answer
Best Answer
No best answer has yet been selected by PurpleParis. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
If the company decides that they cannot keep the job open, they would dismiss him on grounds of capability. This is one of the valid (or 'fair' in a legal sense) reasons for dismissal. Redundancy is another one (of about six to total) fair reasons for dismissal. The amount of work required to be done hasn't diminshed so redundancy does not apply.
With a fair reason for dismissal, legally, what the company has to do is pay him for his notice period. Whether they do any more than that is up to them, the sort of company they are and (probably) how long he has been an employer - in other words, to what extent they want to be doing a decent thing. Depending on his age and his terms and conditions of employment, he may be able to take early retirement, or there may be a medical-discharge pension associated with his employment.
With a fair reason for dismissal, legally, what the company has to do is pay him for his notice period. Whether they do any more than that is up to them, the sort of company they are and (probably) how long he has been an employer - in other words, to what extent they want to be doing a decent thing. Depending on his age and his terms and conditions of employment, he may be able to take early retirement, or there may be a medical-discharge pension associated with his employment.
Only 1 answer
