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Marian Winter
Member - 1 post
Can anyone tell me if it is true that we can amend our employment contract to include a term to cover long term sickness leave. At present we are regularly paying out SSP for 26wks continuous sick leave. However we have heard that a major countrywide company have a clause in their written contract that an employee can be dismissed after a continuous period of 12wks sick leave. Can anyone advise me if this is true please
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sheena farenden
Member - 60 posts
I suggest you pay a good lawyer before you contemplate this. If DWP think you are abusing the law they will take action as basically you are saying why should I pay let the government do it.
Also depending on the illness you could find DDA action taken against you.
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James Fairchild
Member - 257 posts
Dismissing after 12 weeks' illness - almost certainly unfair dismissal, and thats without considering possible disability discrimination grounds (if the condition is substantial and expected to last for over 12 months, IIRC).
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Nigel DuPree
Member - 146 posts
Perminent or Temporary Contract of Employment ? If perminent then 26 weeks would fit in with DWP benefits structure allowing transition from sick to incapacity benefit for long term illhealth.
However, with the increasing use of short term or temporary contracts 12 weeks may be argued as relatively reasonable in terms of the length of the contract.
Nevertheless, changing perminent employment into temporary contract would represent a significant loss of employment benefit and i would be surprised if too many employees accepted that one unless inder serious duress and that in itself would open up a can of worms.
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