Fleet News

Careers: helpline

Q: I’ve been with my employer for nine months and within the next month have to undergo a fairly serious operation. I will need three months to recover and although my company doesn’t provide sick pay I will receive statutory pay. My boss is now saying the company is not obliged to keep the job open for me. Is this true?

A: If you have a condition that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities, you could be covered under the Disability Discrimination Act 1995. For more information, visit their website www.drc-gb.org.

This means that you could claim unfair dismissal at an employment tribunal if your employer dismisses you.

If you are not classed as disabled, your employer should operate a fair dismissal procedure if they do not intend to keep your job open while you are on sick leave.

Your employer should seek your permission to approach your doctor for more information on what your condition involves, how it could affect doing your job and how long it could take for you to recover.

Only after getting all this information should your employer make the decision whether or not to keep your job open for you.

ACAS ADVISER

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