You and the Law – 25th January 2011

Too ill to turn up

We have an employee who has worked for the firm for 28 years, but he has been off sick 12 months and the firm’s doctor says he is no longer capable of doing his job.  We want to end his employment on medical grounds.  Will we have to offer him different work under the Disability Discrimination Act?  VK

If the employee’s illness is reckoned to be a disability within the meaning of the Disability Discrimination Act (it constitutes a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities) you should probably look at alternative employment for him, or make adjustments to his job.

If he isn’t suffering from a disability you can initiate normal disciplinary procedures, including inviting the employee for an interview to discuss his plans.  You may need more detailed advice.

Council scrap

When I ran over a large piece of scrap metal which was lying in the road there was a huge jolt and my front tyre went flat.  I submitted a claim for a new tyre to the council’s highways department, but their insurers have denied liability.  They say that this particular stretch of road is inspected on a daily basis and since I was the only person to put in a claim the
debris could not have been there long.  AS

If you are seeking compensation you have to prove that the council was negligent.  You will have difficulty convincing a court that this was the case if it does indeed inspect this road on a daily basis.
Your claim is really against whoever dropped the debris. 

Since you’re unlikely to find the culprit you could put in a claim to the Motor Insurers’ Bureau, under its untraced motorist scheme, on the basis that the scrap metal was negligently dropped from a vehicle.  However, the scheme is subject to a £300.00 excess which is probably more than the cost of the tyre.

This entry was posted in North Ainley News. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • In This Section

  • I was extremely happy with the full service from reception to Mrs Zoë Ashton and her secretary at a most difficult time for me. I have recommended you to my friends.
    Mrs J Wimpenny - Oldham
  • Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would recommend North Ainley if selling or buying a more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley more
    Next Reviews