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Sickness and Ill Health cases

Looking after your best interests - for us it's personal

Are you an employee unhappy about being dismissed because you are unwell? Are you worried your employer’s decision is unfair or has discriminated against you? The employment law solicitors at Quantrills can help look after your best interests and answer all your sickness questions especially if you are worried about the fairness of your pending or actual ill health dismissal.

Check your employment law rights when you are unwell

We can advise you about your employment law rights and whether you have a valid claim for unfair dismissal, discrimination or breach of contract.

If your employer is currently managing your absence from work we can advise you about the fairness of what is being done. You can ask us to help you prepare and make appropriate representations to your employer to ensure your best interests are looked after.

Who can we help?

Using our extensive experience we routinely provide advice to all types and levels of employees who live and work throughout the UK who are facing problems at work because of sickness or ill health.

Comprehensive sickness and ill health advice

If your health or sickness absence prevents you from carrying out your job this is a potentially fair reason for your dismissal.  Your employer must, however, follow a fair and objective procedure before deciding to dismiss you.

We can help you respond to your employer’s request for information or challenge the medical evidence or assumptions being made about you. If you are unsure or unhappy about how your employer is reacting to your poor health or sickness absence you should get advice urgently about your legal rights ideally before you are dismissed.

How we can help you when you are unwell

Being unwell is never a pleasant experience. You can feel much worse if your employer’s behaviour is causing you to feel more worried or unsettled about your future at work.

If you instruct Quantrills one of our employment law solicitors will discuss your case with you and tell you if your employer’s approach is open to criticism and help you challenge what your employer is doing; equally, we will also tell you if your employer is acting properly. Knowing where you stand and being happy you are taking appropriate steps to look after your best interests will invariably help you feel better and less anxious.

How to ask us to help you

For more information about how we can help you see Advice and guidance for employees.

It is easy to ask for our help please Contact Us.

Questions and answers

When is a dismissal for being unwell unfair?

The employer has to show that a fair dismissal procedure was followed before dismissing an employee whose health prevents them from attending work or from doing their job. For more details please see our Briefing Note How your employer should handle sickness and ill health absences.

I could return to work if changes are made to my job. Does my employer have to make them?

Possibly; much depends on the medical reasons and how long you have been away from work. Your employers should discuss with you the changes that you need to be made and the practical consequences of them. Your employer should try and accommodate changes if it means you can continue at or return to work.

If you are a disabled employee your employer has a statutory obligation to consider what if any reasonable adjustments it should make to your working arrangements to let you remain or return to work.  

I think my dismissal for being unwell was unfair. Can you help me bring a claim?

Yes. We specialise in representing employees in the employment tribunal. We have an impressive track record of bringing claims for unfair dismissal and disability discrimination linked to ill health or injury.

For more details please see Employment Tribunal Claims.

My employer has offered me a settlement agreement in return for more money. Should I accept this offer?

It depends. If you sign the settlement agreement this creates a legally binding agreement that prevents you from starting or continuing with any tribunal or court claim against your employer. Before signing you need to be independently and legally advised about the merits and value of the offer.

Settlement agreements are useful when an employee has been away from work on sick leave. For business reasons, an employer may make an offer to pay compensation in return for the employment coming to an end. In many cases this is a satisfactory way of dealing with an employee’s absence on sick leave, especially if long-term.

Your employer may well also want to avoid the risk of eventually ending up in the employment tribunal justifying the fairness of its decision to dismiss you.

The employment law solicitors at Quantrills specialise in advising employees about the merits of an offer to leave employment on agreed terms and your options to help you decide if the offer is one you should accept.

Full details about how we can help you with your settlement agreement is at Settlement Agreements.

Find out how we can help you

Click here to contact us or phone us 01473 688100

01473 688100

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Get prepared

Before you call or meet with us it will help us better understand the background facts and your concerns if you:

  • find your contract of employment or service agreement
  • collect together any other relevant correspondence, emails and documents
  • prepare a short chronology or list of key events
  • use one of our online forms to tell us about your problem.

Our online forms are the easy and convenient way to tell us about your case. Our ‘save as you go’ feature lets you complete your answers in your own time.

Reasons to choose Quantrills

Expert help from solicitors Your case will be personally handled by a qualified employment law solicitor with years of experience who will make sure you get the best possible outcome.

Jargon free advice Our clear and straightforward advice ensures you understand your legal position helping you make informed decisions.

Convenient easy access We like to hear form our clients. Instructing your solicitor at Quantrills is easy by:

  • phone and email
  • our online forms you can save
  • meetings held in person, by telephone or Skype

Best client care How we look after you as a client is very important to us so you will recieve:

  • same day response
  • highest quality legal advice and representation
  • value for money and competitive fee options with no hidden costs

Testimonials

View all

I must firstly convey my thanks to you and all in your firm for your hard work

Simon Quantrill being thanked after employee client secures a six figure sum after winning his disability discrimination claim

It's a victory for common sense! Its been a long hard slog, without your hard work and hours put in the result could have been very different! Please pass on my thanks to counsel as well.

I want to express my sincere thanks to you and Tina for your help and support in concluding my claim

Thank you note to Simon Quantrill from employee client after settling his unfair dismissal and discrimination claim

As you know my case followed a period of illness, has been extremely difficult for me but has only been bearable knowing that I had your support and expert guidance throughout.

I felt fully supported throughout my case, both by my solicitor and by Simon Quantrill himself, who kept a close eye on the progress of my claim, particularly as we neared the end of my case

Employee client confirming the high level of personal attention she received

My case proved to be quite a long and arduous journey at times involving meeting medical experts and a barrister. I felt that my solicitor was robust yet courteous in dealing with my employer and this finally led to a successful negotiated settlement in my favour without going to court.

I felt cared for and supported

Employee client thanking Carly Murphy for her support

It was a privilege to know you and throughout I have felt well cared for and supported. I admire your unflappableness at times of stress. Many, many thanks again for your support, long suffering listening ear and for your perseverance. I wish you all the very best for the future.