is my boss in the wrong?

[madsugars]

Can anyone help me with my situation..I have worked for a ompany for 19 months, from the start they knew i was diabetic - not a problem.

Over the 19 months i was critically ill - ICU - for 11 days hospital for a further 10. this was the beginningof this year. In total I was off sick for 2 1/2 months - but my employer did come and see me and when able to i did some work from home. following on from this i am now in kidney failure so at the moment am having reglar hospital visits to prevent my kidney function declining...this is working. I also was advised not to drive following a routine eye test, I drive with my work. This was approx 4 months ago, my partner has taken me to all appointments i have made and will wait up to 3 hours in the car while i carry out my role. my employer knows this and it wasn't a problem i am waiting hopefully in the next few weeks to see if i can drive again. I have never hidden any of this from my employer and have kept them informed along the way.

I was due to be paid early for xmas (23/12/11) however I wasn't paid and checked with my colleagues and they were so thinking it must be a mistake, contacted my employer but received no response. Tonight I have opened an email dated 24th dec. The email said due to lack of finances instead of paying all staff a little less money (they have done this on many occasions) I was being made redundant with immediate effect. - no notice has been given, but i am convinced it is due to the driving. we had a full staff meeting before we broke for xmas and was informed a new staff member would be starting on theday we are due to go back...they will be doing my job, we were also informed another person may be taken on later in the new year if finances allow. Is this discrimination?? I have been told they can not employ anyone in the same position for 6 months. and why would they if they are in financial difficulty??? all advice greatfully received..I will be taking legal advice if you guys think i may be in the right x

 

[smidge]

Hi Madsugars!

Sorry to hear bout your situation - it must be awful for you.

The good news is that your boss is in the wrong on many counts. Redundancy must be fair and follow legal procedures. People cannot be targetted for health, performance or any other reason. The crucial point is that it is the JOB that is made redundant, not the PERSON. They must also pay you anything owed and lieu of notice. Unfortunately, you haven't been in the job long enough to qualify for any redundancy payment. (I think 2 years is the minimum to qualify). You have a very strong case for an unfair dismissal claim. You probably also have a claim for discrimination under the Disability Equality Act. I would seek legal advice if I were you. This might even be covered under your house insurance if you have taken out legal cover - read your policy or give them a call.

The bad news is that your employer is entitled to dismiss you on grounds of ill health if you are not fit to do the job for which you are contracted. I think you would have a difficult task to prove you are fit to do this work at the moment.

In my opinion, the fact they have made you redundant rather than terminating your employment on the grounds of ill health has put them in the wrong. A solicitor would probably take this to an industrial tribunal, and you should win. Be warned, though, that even if you win the case, you will probably not get your job back. Compensation will depend on what the tribunal deems fair under the circumstances - and they will take all circumstances into account, including the length of time you have had off.

All the best

Smidge

 

[Tracey69]

HI badsugars

I am sorry to hear your news.
I think you have a good case of discrimination. Having lenghs of time off you must of been given sick notes, so you should be protected for the health issues. I wouldn't leave this, i would seek advice as quick as possible, i am quite sure your job should of still been open to you, I'm sure it's illegal to get made redundant without written notification, not just an e-mail.
I would also apply for Disability living allowance as i think you really need to at this point of your health. I know this isn't the same as having your job, but your health is more important.
Hope everything goes ok for you. keep in touch. I have been through a simular problem this year with my due to her having Alzmeiher's, but she hadn't had time off but she kept turning up too early for work, it took me four months and they dismissed her on ill health.
Take care of yourself
Tracey

 

[lovinglife]

What an awful situation - I really feel for you , however you are best taking legal advice as employment law is a minefield and with the greatest respect anyone here can only have one side of the story - not saying your not telling the truth - far from it - but there are always two sides (although your employer sounds like he sails close to the wind on many things!)

Try looking at the government site on redudancy law (link below) also contact ACAS before forking out any money on any legal advice - they will be able to help you for free!

Good luck and remember to put your health first - sometimes we just have to step back and look at the bigger picture - take care

http://www.direct.gov.uk/en/Employment/ ... /index.htm

 

[noblehead]

Madsugars,

Nothing more to add that hasn't already been said...... but I have always found the Citizens Advice very helpful in dealing with work related issues where a trade union isn't active.