Help Wheelnut!

This is quite a complicated post!

Anybody that knows about me knows where I work, and may also know that I have had health problems since January. Well, I have a meeting next week that will probably be the termination of contracts.

My doctor wrote to the company and asked for light duties, they say they dont have a position for me, if i cant do my job!

My first thought was to leave, then I decided to look further into it. I have spoken to ACAS and the Disability Rights Commision and I have a case.

The thing is I cannot be bothered, All I want to do is get back to work, I dont want to spend weeks. arguing about ins and outs of legal matters.

So I went and got a new job today,

Should I wait for the outcome of the meeting or just tell them to do one. I have to give a months notice, they presumably have to do the same. What happens if I dont?

I may win my case and get reinstated, but then I have to work there, How can that work?

Jobs are ten a penny round here at the moment, and I like living where I am.

well i dont know you or what job you do,
but if as you say the doctor wants you on light duties but the firm has no postion for you then why would you have to give one months notice for a job that you cant do.
surely you would have thought that the firm would come to a suitable arrangement and let you go straight away so you can start your new job.
regards
dave.

ps. good luck with the new job :wink:

I would have thought that if there are no light duties,then the company would have to make you redundant,rather than sack you.If a parting of the ways is inevitable,I would hang on,and shaft them for every penny rather than give up.At least go down fighting.

But then again,I ain’t no lawyer.

Whatever you decide to do Wheelnut,good luck.

Ken.

Quinny:
I would have thought that if there are no light duties,then the company would have to make you redundant,rather than sack you.If a parting of the ways is inevitable,I would hang on,and shaft them for every penny rather than give up.At least go down fighting.

But then again,I ain’t no lawyer.

Whatever you decide to do Wheelnut,good luck.

Ken.

I agree totaly!

Well, it`s a very grey area in law, but essentially if you are employed to drive a lorry then the Company are entitled to terminate your employment if you are unable to do this.

The “period of notice” depends on your contract with your employer. Generally, employees in the haulage industry do not have a written contract- but they still have a legally enforceable contract- the terms agreed between employer and employee before the employee started work.

If you are paid a monthly salary, and are required to give a months notice yourself, then it is likely that you are entitled to be given a months notice if your position is terminated by your employer.

For this reason, it is always advisable for any lorry driver to insist on monthly, rather than weekly pay.

Pragmatically though, it seems that you have done the best thing-walked away and found something else. Involving yourself in a legal case is destined to end in very litle reward for yourself in exchange for a lot of hard work.

Whatever you do, all the best.

Vince

Thanks for the quick replies.

One point I forgot to mention is that I havent been there long, less than one year.

According to ACAS I have a good case If I can hang on till I have 12 months service including sickness.

The Disabled Rights commision can act after 2 months.

If I win, I dont suppose I could retire on the proceeds. maybe buy a few pints at Uttoxeter though! :stuck_out_tongue:

you have pm wn