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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47597
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I had cancer and a stroke in March 2014 and am now disabled

Customer Question

I had cancer and a stroke in March 2014 and am now disabled with left sided weakness. I continued to do lots of work from my sick bed, I received many conflicting messages from my manager regarding sickness, initially i was told it was my choice and to just play it how i wanted to, then she would ask me to get a sick note and send messages saying she would pay me above sick pay once it dropped to half pay for all the work i had been doing, following this message she cut my pay in half, i met with her and told her i would not continue to work, she made up my pay and continued to pay me in full, i then received a message asking me to get a sick note from my GP stating i could do some work from home at the managers discretion, i obtained the note stating this. I returned to work in Jan 2015 and asked about accrued annual leave, she told me i was not entitled to this as i had effectively never been off sick, a couple of weeks following that i was off work with stress and fatigue due to not having a desk to sit at and been left stood in the middle of the office totally humiliated. My pay was cut in half and when i queried this she informed me i had exhausted my sick leave, i am now currently going through a redundancy procedure.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
from Oct 2009, 6.5 years
Customer: replied 1 year ago.
I currently also have a grievance going on due to the many changes to my job role following my return to work in 2015 which i feel i was bullied into
Expert:  Ben Jones replied 1 year ago.
Thank you. It does appear that you have been treated unfairly here. There are several issues, such as discrimination, breach of trust and confidence, potential bullying, etc. In terms of the sick pay, in some circumstances employees can be entitled to full company sick pay for a set period, after which their entitlement will either reduce or expire altogether. Such reductions could either be clearly stated in a contract or workplace policy, or simply be left at the employer’s discretion. In situations where an employee has been in receipt of discretionary sick pay and the employer wishes to terminate such payments, it may be advisable to give at least a month's notice to the employee. Alternatively, the employer should consider reducing their pay gradually so that the employee does not simply go from full pay to reduced pay or no pay in a short period of time. Similarly, if medical evidence shows that the employee may be able to return to work in the near future and they have only just lost their sick pay entitlement, it may be appropriate to continue paying the employee for the remainder of their absence. If there is no definitive return date, the employee has already received sick pay for some time and their entitlement has expired, the employer may be justified in terminating discretionary sick pay, subject to giving the employee some notice. Finally, employers rarely retain full discretion in relation to discretionary sick pay and it is governed by the implied contractual term of mutual trust and confidence. This term generally requires employers to act fairly and reasonably when dealing with their employees. If an employer does not act in an even handed manner, it could breach the implied trust and confidence. As an additional point, if the employee is considered disabled in law (they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities) the employer’s actions could amount to disability discrimination. You have gone through the grievance procedure and are now facing redundancy. If this is likely to result in dismissal then it may be best to try and challenge this internally, such as any further grievances you can raise and appealing the redundancy, but once this is confirmed, you may consider a claim for unfair dismissal and disability discrimination. This is your basic legal position. I have more detailed advice for you in terms of the next steps you need to follow to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.