Long Term Ill Health Case Study

“I truly am grateful for all the work you have done and the support you have offered me.”

We recently settled an employment case for a client and secured a substantial settlement for him after he was poorly treated by his employers whilst on sick absence.

The client had been working for a prestigious worldwide car dealership with a large HR department and became unwell within two months of starting work for this company, he was signed off on sick, diagnosed with leukaemia and the employers informed.  The company has a discretionary company sick pay scheme and our client knew of 2 other employees who had been off for over 6 months’ who had received their full salary whilst off and our client received his normal salary for the first month he was off. 

Over the next 2 months the company without informing him or obtaining his agreement deducted all his previous month’s salary, they described it as an overpayment from his SSP.  Our client was unaware of these deductions until he was contacted by his bank.  We wrote to his employer questioning the company sick pay and the deduction from his SSP, his employer replied saying that the other employees had “exceptional circumstances” but we questioned why cancer automatically considered to be a disability was not considered to be an “exceptional circumstance”.

When our client came out of hospital but was undergoing chemotherapy, he was instructed to go into a work training day and not allowed to be excused.  Other employees were off with minor ailments and our client felt that he was being treated inconsistently.

Our client was contractually entitled to a company car and the employer arranged a meeting where 2 managers were laughing whilst discussing taking back his company car and replacing it with a 3 wheeler disabled car and at the same time using discriminatory language to describe both our client and the car they were suggesting.

We settled this case and our client was grateful for the help and assistance we had given him, as quoted above.

 

If you have a problem at work or any issues with your boss call us for a chat and advice on all employment law probmens: please call 0162 785 3500

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

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