Am I doing the right thing getting a solicitor involved?

[FeelingVeryAnxious]

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.

Hasa, If your qualifications are as you say then help the op, because you and I would both know that the Onset of disability and an inability to do the role and a termination due to this is not discriminatory if handled correctly.

Bluntness I have no idea whether you are legally qualified but I certainly am. I am over 20 years PQE and I run my own very successful employment law firm. I'm well known for what I do and I am a discrimination specialist.

If you are legally qualified you will know that you ought not to give out detailed legal advice on this sort of forum. The OP already has a solicitor and it sounds as though the solicitor is advising her correctly about the errors her employer is making.

The fact that someone has a disability does not mean that they get a golden ticket to lifetime employment and in any event it is possible for any employer to terminate the employment of any employee at any time (there will just be financial consequences), but an employer who is telling an employee in this scenario and in this manner to resign - quite possibly affecting her eligibility for permanent health insurance, is creating potential claims for both discrimination and constructive dismissal. The conversation is not without prejudice due to the rules around protected conversations and so will be permitted into evidence to demonstrate that the employer had predetermined the outcome of any process.

The OP has legal advice and it seems as though the solicitor concerned is onto all this so why on earth would I interfere (other than to correct the notion that a WOP conversation might save the employer from its error).

So DFOD

@sonicbook You’re right. I’ve slept on it and I’m going to continue on the legal advice route. I’m speaking to my solicitor again later today so will take it from there.

Also thank you @HasaDigaEebowai, your posts have been very helpful

Bluntness I have no idea whether you are legally qualified

I do not believe she is. She has given very poor advice on employment issues on a number of threads and has tried to tell people who are genuine experts that they don't know what they are talking about.

@FeelingVeryAnxious - You are absolutely doing the right thing. Your managers actions mean you don't need to worry about burning your bridges. They've already been burned.

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

It would be worth you clarifying your intention with your employer at the appropriate time. Not necessarily with this manager, who is trying to force you to resign, it could be HR you deal with, to find out if your role could be done as a job-share, or to find out if there are part time options available. The fact the manager has been rash, clumsy and incompetent in their treatment of your current ill-health doesn't necessarily have to mean your relationship with the company has to become fractured, especially if you have 10 years' service history. Stand firm!

Seeking the advice of a solicitor does not burn any bridges, it can remain completely opaque from your employer in the first instance, you are just finding out what options are available to you - you are under no obligation to divulge that you are receiving legal advice. You have a right to receive guidance on this situation and it is wise to do so.

Re Company-sponsored private health insurance, beware of the manager's claim that they will continue with cover if you were to leave the company's employment. Take his assertion with a pinch of salt, it is probably a misrepresentation of the truth. They may continue it for a year, but it's very unusual to continue indefinitely. After the elapsed period of time you'd then receive an extortionate quote from the provider to continue.

Do you want to continue working there op? If so, meet with HR to discuss options.

As others have said, an employer has no obligation to keep on an employee who cannot (despite reasonable adjustments if disabled) fulfil their side of the contract.

You can always tell the non lawyers by the sweeping statements and easy answers