A guy who worked for us went home sick some 8 weeks ago. We received a 
sick note for 3 weeks followed by a second for 2 weeks. When the note 
ran out I rang him and asked what was happening he said he would be back 
to work the following week. When he didnt turn in and no sick note 
arrived I rang but hes now not answering his mobile. In the end I sent a 
polite letter requesting he makes contact to discuss his return to work.

Where do we stand if he doesnt reply do I send a recorded delivery next 
asking him to come in and discuss it and if he ignores that take it hes 
resigned ?

How would we go about bringing charges for breach of contract? We are 
going to suffer penalties for late deliveries from a customer this week 
partly due to being an extra person down with his none attendance can we 
claim for that to ?

Mano wrote:
> A guy who worked for us went home sick some 8 weeks ago. We received a 
> sick note for 3 weeks followed by a second for 2 weeks. When the note 
> ran out I rang him and asked what was happening he said he would be back 
> to work the following week. When he didnt turn in and no sick note 
> arrived I rang but hes now not answering his mobile. In the end I sent a 
> polite letter requesting he makes contact to discuss his return to work.
> 
> Where do we stand if he doesnt reply do I send a recorded delivery next 
> asking him to come in and discuss it and if he ignores that take it hes 
> resigned ?
> 
> How would we go about bringing charges for breach of contract? We are 
> going to suffer penalties for late deliveries from a customer this week 
> partly due to being an extra person down with his none attendance can we 
> claim for that to ?

Send him a recorded letter requesting him to attend an investigation 
meeting to establish reasons for prolonged absence.  Give him sufficient 
Notice - 7 days?  Tell him he can be accompanied by a friend, union rep, 
if he wishes.  Point out that outcome of meeting may result in your 
pursuing disciplinary procedures (I presume/do hope you have these in 
place!) which may result in his dismissal, as will his failure to attend.

Breach of contract - were/are you paying him?  SSP?  Could you have 
obtained cover when he was first off? (you don't say what his illness
is)  Could you have contacted your customer and advised possible delay 
in delivery?  How big/small Co. are you?  Is there possibility that 
employee might be covered by ramifications of any of discrimination acts 
(such as disability?)  What's his record like as an employee - how long 
has he been with you - needs 12 months service for unfair dismissal but 
not discrimination.

Work out your loss compared with what this will cost you to pursue him 
through the courts and do you realistically stand any chance of getting 
the money anyway!

Does this help?

PS  If you are not up-to-date on employment legislation, you should be. 
  Lots of info on web sites, ACAS etc.  Ignorance is not regarded as a 
viable excuse in an Employment Tribunal!!



-- 
Regards
  Ted
    Using Sidux Linux

"Mano"  wrote in message 
news:T9K_i.24233$6v.4277@newsfe2-gui.ntli.net...
>A guy who worked for us went home sick some 8 weeks ago. We received a sick 
>note for 3 weeks followed by a second for 2 weeks. When the note ran out I 
>rang him and asked what was happening he said he would be back to work the 
>following week. When he didnt turn in and no sick note arrived I rang but 
>hes now not answering his mobile. In the end I sent a polite letter 
>requesting he makes contact to discuss his return to work.
>
> Where do we stand if he doesnt reply do I send a recorded delivery next 
> asking him to come in and discuss it and if he ignores that take it hes 
> resigned ?

What was he sick with?

If stress / depression, this could be part of his illness.

>
> How would we go about bringing charges for breach of contract? We are 
> going to suffer penalties for late deliveries from a customer this week 
> partly due to being an extra person down with his none attendance can we 
> claim for that to ?

twager wrote:
> Mano wrote:
>> A guy who worked for us went home sick some 8 weeks ago. We received a 
>> sick note for 3 weeks followed by a second for 2 weeks. When the note 
>> ran out I rang him and asked what was happening he said he would be 
>> back to work the following week. When he didnt turn in and no sick 
>> note arrived I rang but hes now not answering his mobile. In the end I 
>> sent a polite letter requesting he makes contact to discuss his return 
>> to work.
>>
>> Where do we stand if he doesnt reply do I send a recorded delivery 
>> next asking him to come in and discuss it and if he ignores that take 
>> it hes resigned ?
>>
>> How would we go about bringing charges for breach of contract? We are 
>> going to suffer penalties for late deliveries from a customer this 
>> week partly due to being an extra person down with his none attendance 
>> can we claim for that to ?
> 
> Send him a recorded letter requesting him to attend an investigation 
> meeting to establish reasons for prolonged absence.  Give him sufficient 
> Notice - 7 days?  Tell him he can be accompanied by a friend, union rep, 
> if he wishes.  Point out that outcome of meeting may result in your 
> pursuing disciplinary procedures (I presume/do hope you have these in 
> place!) which may result in his dismissal, as will his failure to attend.
> 
> Breach of contract - were/are you paying him?  SSP?  Could you have 
> obtained cover when he was first off? (you don't say what his illness
> is)  Could you have contacted your customer and advised possible delay 
> in delivery?  How big/small Co. are you?  Is there possibility that 
> employee might be covered by ramifications of any of discrimination acts 
> (such as disability?)  What's his record like as an employee - how long 
> has he been with you - needs 12 months service for unfair dismissal but 
> not discrimination.
> 
> Work out your loss compared with what this will cost you to pursue him 
> through the courts and do you realistically stand any chance of getting 
> the money anyway!
> 
> Does this help?
> 
> PS  If you are not up-to-date on employment legislation, you should be. 
>  Lots of info on web sites, ACAS etc.  Ignorance is not regarded as a 
> viable excuse in an Employment Tribunal!!
> 
> 
> 

We have all the relevant procedures in place his illness is some 
re-occurance of an old rugby injury( back related) which he didnt 
mention on the health questionaire!

yes he only on SSP. cover can always be obtained wether it has the same 
skills is another matter. its more about sending a message he worked 4 
wekks and then vanished off sick having beged to be given a chance and 
to be honest I feel used hence the knee jerk reaction I guess and doubt 
we would get back anything like what hes cost us. Oh well time for a 
glass of red a sit down in a darkened room.


Yes I am relatively up to date on one the many strange laws causing me 
to consider moving my manufacturing to a foreign land.