Sickness issue?



We anticipate that you would not be reading this if you were not worried about your sickness absence. Most potential issues arise from:

  • being accused that your sickness absence is not genuine;
  • being threatened with dismissal where you have had quite a lot of intermittent sickness absence;
  • being threatened with dismissal where you have been off on long term sickness; and
  • the nature of your illness, which may count as a disability within the meaning of the law and where you have been treated less favourably as a result

What should you do if your employer has suggested that your sickness absence is not genuine?

You should assume that your employer may well attempt to discipline or dismiss you as a result. This situation occurs most often when:

  • you have taken a day off which was refused by your employer;
  • you have taken absence over a major sporting event or similar;
  • your employer has been told by one of your colleagues that you were not really sick; or when
  • your employer has gone to the trouble of setting up surveillance on you.

We suggest you need to formulate a strategy as a matter of urgency. Fortunately, we have successfully dealt with these kinds of situations many time before. There are five defences to such an accusation. Call us now to let us help you.

What if your employer has threatened to dismiss you due to long term absence?

Well, you need to develop a strategy which suits whatever goal you might have, depending on whether you want to:

  • stay employed;
  • leave through a ‘managed exit’; or
  • prepare to sue your employer where it may be proposing to dismiss you unfairly.

In each of these examples, it is legitimate to question whether in fact:

  • you have been off for sufficient periods of time to justify dismissal;
  • you can show that you are unlikely to have off further periods of time; and/or
  • that there is an underlying condition which is causing these absences which in fact relates to a condition which qualifies as a disability under the law (in which case you receive certain protections).

We are very experienced in devising strategies in this area. We have worked out that there at least seven strategies you could adopt, relative to your goal. Call us now so we can go through them with you.

How can you tell if you have a disability and qualify for protection?

Well, the law asks whether you have a physical or mental impairment which has a substantial adverse impact on your ability to carry out day to day activities.

So what does that mean? Well, each aspect of that test needs to be unpacked and understood before you can come to any view on whether or not you have a disability within the meaning of the law.

We can help you make this assessment by reviewing your medical records and talking to you about the effects of your condition. We can then advise you on whether you are likely to qualify for protection and what your rights are.

So what can we do for you?

We can offer a fixed fee service which includes meeting you and includes reading all your documents. Where your documents amount to a ringbinder or so, we can do all of this for just £600 + VAT.

We can also advise you on strategy, as well as going through hidden issues such as PHI implications, effect on early ill-health retirement benefits and discrimination issues.

Call us, e-mail us or complete the form below. One of our lawyers will call you back and see how we can assist. There is no pressure to instruct us. It’s as simple as that.

Call us now and see how we can assist.

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Who to contact

For more information the following lawyers will be able to help with Sickness issue?.

Andrew Humphrey
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