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Original poster

Am I doing the right thing getting a solicitor involved?

34 replies

FeelingVeryAnxious · 05/08/2020 18:46

I’ve been with my current employer for 10 years. For the last 8 months I’ve been extremely unwell and I am receiving long term disability payment (through the company group private insurance).

Last week my manager contacted me by phone and said it’s time for me to resign. He said he can ‘see what he can do’ with regards to making sure I still receive my private healthcare insurance as a compromise. I’ve consulted a solicitor who said that my employer is being very sneaky and said that I shouldn’t resign.

The next step is for the solicitor to contact my employer directly. I just wanted to check that I’m doing the right thing? My doctor was the one who actually advised me to seek legal advice on this matter but I’m worried how this could backfire on me. I don’t want to look like a trouble maker but equally I don’t want to be walked all over and forced to leave a job while I’m still medically unfit to work. Any advice would be appreciated, thank you.

OP posts:
flowery · 05/08/2020 19:25

In this instance you are doing exactly the right thing. The relationship has broken so there is nothing in terms of goodwill that might be risked by bringing a solicitor in.

twins2019 · 05/08/2020 19:37

You are 100% doing the right thing.

BernardsarenotalwaysSaints · 05/08/2020 19:39

Most definitely doing the right thing. Flowers

HUCKMUCK · 05/08/2020 19:40

Yes you are doing the right thing. Employer is in the wring and you are entitled to have someone act on your behalf.

nancybotwinbloom · 05/08/2020 19:45

You are doing the right thing.

Username7521 · 05/08/2020 19:46

Yes it’s ok to get a solicitor involved.
They must’ve known this was a potential outcome when they had a conversation.

It wasn’t a without prejudice conversation was it?

Thunderbolted · 05/08/2020 19:54

If you're in receipt of permanent health insurance that will end when you leave employment. Depending on the terms of your contract they may be able to dismiss anyway on the basis that you're not well enough to do your job in the foreseeable future.

Original poster
FeelingVeryAnxious · 05/08/2020 20:33

Thank you for all of the replies, I really appreciate the reassurance as I have been very worried about my situation.

Username7521 - No it wasn’t. It was a regular catch up to see how I’m getting on. It was only at the end of the call that he mentioned it was time to hand my notice in. He said senior management had discussed with him that I ‘need to resign.’ He said he will give me a couple of weeks for that to ‘sink in’ and then he’ll contact me again to set up a meeting with management to tell them I’m leaving. It felt like I’d been completely railroaded.

OP posts:
LizzieBlackwell · 05/08/2020 20:40

@Thunderbolted

If you're in receipt of permanent health insurance that will end when you leave employment. Depending on the terms of your contract they may be able to dismiss anyway on the basis that you're not well enough to do your job in the foreseeable future.
This is my take on it.

I’d still see what the solicitor says but is it possible to potentially stay on sick leave indefinitely? I think it’s down to the small print and how well they have prepared for your departure.

Username7521 · 05/08/2020 21:37

Ok. Speak to the lawyer. I can recommend one if you need it.
Have you had the illness over a year?

Ilovewillow · 05/08/2020 21:39

I speak as an Employer and you are absolutely doing the right thing.

Original poster
FeelingVeryAnxious · 06/08/2020 11:55

Hi Username7521 - I haven’t been ill for a year yet. I spent 6 months on company sick pay before being moved onto long term disability payments. I have a solicitor already but thank you for offering a recommendation.

Thunderbolted - My solicitor said the same thing about the permanent health insurance ending when I leave my employment. He said in all his years of practice he hasn’t come across a scheme that still pays out when you are no longer an employee, despite my manager trying to tell me otherwise.

I do feel like I’m burning my bridges by getting a solicitor involved but at this point I don’t really see any other option.

OP posts:
Musicaltheatremum · 06/08/2020 14:01

My husband was a lawyer, (so self employed) in a large firm. He had permanent health insurance and it paid out for the 10 years after he left work due to ill health until he died.
My only thoughts....and the lawyers on here can keep me right...was that because the premiums paid were assigned to the individual lawyers (ie. deducted from their drawings) that it became their personal insurance. It would be worth your employer speaking to the insurance company and getting something in writing.

Bluntness100 · 06/08/2020 14:03

Op they can move to capability termination if you’re unable to do your job but they cannot force you to resign.

SeriouslyRetro · 06/08/2020 14:06

How long have you been on sickness for? Do you see yourself being able to work in the foreseeable future?

HasaDigaEebowai · 06/08/2020 14:09

It wasn’t a without prejudice conversation was it?

It doesn't matter even if they said it was, protected conversations are not protected in respect of discrimination. I'm an employment solicitor.

You should pursue this.

HasaDigaEebowai · 06/08/2020 14:10

My only thoughts....and the lawyers on here can keep me right...was that because the premiums paid were assigned to the individual lawyers (ie. deducted from their drawings)

If he took drawings he was a partner not an employee and so the position would be completely different.

Bluntness100 · 06/08/2020 15:31

I’m surprised anyone who is an employment solicitor would give that kind of advice, I can only assume your busy and don’t have time to give a proper answer, and haven’t read it properly.

Op your company cannot tell you to resign. They can move to capability termination if you are unable to do yout job with reasonable adjustments. They do not need to keep you on for ever more. It is not discriminatory if you are sadly unable to return to work.

So telling you to resign was wrong, they need to do this properly. But for peoooe to advise you need to give more info. Are you able to work at all? Have you a plan to return? Have you discussed reasonable adjustments? Do you anticipate ever being able to return?

This comes down to in reality the above, can you work and how to make that happen. If it is not feasible they need to do it properly and terminate on eh grounds your unable to perform your role and they have given you time to return.

Sparticuscaticus · 06/08/2020 15:50

How will it hurt to have a solicitor check
what is being said and offered to you , to ensure that it is legal and carefully planned?
Your bosses want you to resign so I cannot see what damage if any, that a bit of impartial legal advice to clarify with them directly a) what they are offering b) on
what grounds c) and get it drawn up correctly.

Original poster
FeelingVeryAnxious · 06/08/2020 16:21

@Bluntness100 “I’m surprised anyone who is an employment solicitor would give that kind of advice, I can only assume your busy and don’t have time to give a proper answer, and haven’t read it properly.” Sorry, was that meant for me or the previous poster?

To answer your questions:
Are you able to work at all? At present no,
I’m deemed too unwell by my GP and specialist
Have you a plan to return/Do you anticipate ever being able to return? Yes, I was hoping to return towards the end of the year but on a part time basis as suggested by my doctor
Have you discussed reasonable adjustments? No, I was hoping to discuss this with my manager but my company seem to have gone straight to the ‘she needs to leave’ option as opposed to the phased return option which is why I’m a bit stumped.

OP posts:
Bluntness100 · 06/08/2020 16:28

Op the previous poster not you.

I think you should make a meeting with your boss and hr and put forward your plan to return to work and what adjustments are required.

Is the role able to be done part time? They may not be willing to permit that, but I think now is the time to schedule the meeting and start to take the discussion on returning.

Original poster
FeelingVeryAnxious · 06/08/2020 17:44

I’m not entirely sure that part time is feasible but I like your suggestion about setting up a meeting with management and HR. I will have a better idea of where I stand once I’ve done that. Thank you for your advice, Bluntness

OP posts:
HasaDigaEebowai · 06/08/2020 21:56

I am an employment solicitor Bluntness and yes I was busy but I’m not sure what your point is. Someone asked whether the conversation was without prejudice. My point was that protected conversations as they are now commonly called are not without prejudice in respect of discrimination matters and this is potentially a discrimination matter. I then advised the OP to take advice from an employment solicitor. I cannot and would not give detailed legal advice on MN and would need far more information anyway to advise properly.

sonicbook · 06/08/2020 22:10

OP please listen carefully to @HasaDigaEebowai Not everyone on this thread is qualified to give you the proper advice.

I'd seek legal advice as per their suggestion.

Bluntness100 · 06/08/2020 22:57

Op yes, I’m not an employment solicitor but I do and have dealt with employees in your situation and work for a large corporation,

Take control, if you can go back to work at year end. then start to take the discussions on how to do so,, Create a plan with them to do so. It’s the one And only thing that Will stop this in its tracks.

Your company has no grounds to discuss termination when you are asking to return. However the over rider there is the reasonable adjustments and the part time, they do not need to allow this if they feel it’s not feasonle.but you need to take the discussion,

If they feel the role can’t be done part time or the adjustments required are not manageable then you’re into a difficult situation but you need to take the discussion as a first step.

Send your manager and hr a Meeting notice and agenda to discuss return to work scenarios tomorrow morning,