# Out sick pending outcome of legal action against employer: contacts with employer?



## Moral Ethos (24 May 2007)

My solicitor has written to my employer concerning my employment. How should I address any contact by telephone/email at this time? Should I refuse to talk to them?


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## ClubMan (24 May 2007)

*Re: Legal action against employer*

Refuse to talk to your employer? How would you get your job done then?! You should be asking your solicitor the question above anyway.


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## Moral Ethos (25 May 2007)

*Re: Legal action against employer*

I am on sick leave pending the outcome, hence I am at home. 

I am looking for a polite way to say no communication with me directly.


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## therave (25 May 2007)

*Re: Legal action against employer*

simple,don't answer the phone or sign for any registered leters.
if you do come into contact keep the conversation general and if the issue is raised ,simply say that you were advised not to talk about it.
it's hard to comment without having all of the facts


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## Moral Ethos (5 Jun 2007)

*Re: Legal action against employer*

Ok. Thanks for the advice so far.

I am still receiving emails from them, I am not even opening them (they can tell if you have read them) or reading them. This is after they received the solicitors letter. I take it they should respond directly to the solicitor and not address any corrospondance to me directly?


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## Cashstrapped (5 Jun 2007)

*Re: Legal action against employer*

Can you forward them to someone elses e-mail address and they open them, say your solicitor??? Not very clued in with all aspects of IT but maybe someone else who has some IT knowledge might be able to answer whether it still comes up as being read if it is fowarded on to another e-mail address without you opening it.


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## woods (5 Jun 2007)

*Re: Legal action against employer*

How can you tell if someone has opened an email that you sent them. 
I did not think that this was possible.


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## ajapale (5 Jun 2007)

*Re: Legal action against employer*

What does your solicitor advise?

Moved from Legal & Financial issues to Work, Careers, Un/employment, Further Education/Training 

and title reworked from *Legal action against employer.* 

aj


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## Mizen Head (5 Jun 2007)

Woods
In Outlook, go to Tools, then Options, E mail Options, Tracking Options and tick the ,For message I send, request'  Read Receipt box


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## HotdogsFolks (5 Jun 2007)

They can't tell if you've opened their e-mails.

They can tell if you've clicked "Yes" to the "Send read receipt?" e-mail. But I assume you realise you can click "No" to that.

However, if your employer is sneaky, it is possible he is imbedding an image in his e-mails. The image may be linked to a counter (for example, in a database.) So when the image gets displayed in the e-mail, the counter in the database increments. This is highly unlikely though, and Outlook normally (normally!) blocks that kind of thing.


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## Moral Ethos (6 Jun 2007)

They use a web based email system. All the staff use webmail to read their emails. There is no way to hide if you have read their emails. 

I shall ask my solicitor in the morning what to do.


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## col (6 Jun 2007)

Why wont you talk to your employer.Certainly if you are getting paid while out they are entitled to talk to you. Its very unfair on them and without talking directly nothing will get sorted. Bringing solicitors into a dispute should be the very very last resort.


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## TDON (6 Jun 2007)

col said:


> Why wont you talk to your employer.Certainly if you are getting paid while out they are entitled to talk to you. Its very unfair on them and without talking directly nothing will get sorted. Bringing solicitors into a dispute should be the very very last resort.


 
But maybe they don't want to talk, maybe they want to harass. I agree that a solicitor in these situations is the last resort, but we don't know the full story here and maybe this person has also seen it as their last resort. I don't think anyone can say whats fair or unfair or judge this person in anyway without knowing their full circumstances, which obviously we don't.


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## Welfarite (6 Jun 2007)

Moral Ethos said:


> My solicitor has written to my employer concerning my employment. How should I address any contact by telephone/email at this time? Should I refuse to talk to them?



No third party here can advise you on what to do without knowing why this situation has reached this stage adn what it is about. The only advice one can give is to tell employer through your solicitor not to contact you directly in any form adn on ly to go through solicitor. It's your decision really and maybe the employer is trying to resolve things amicably without recourse to the legal route?


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## 26cb (6 Jun 2007)

Read the e-mails.....you can choose to ignore their content ! If there is a demand for a reply, reply via your solicitor.


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## Moral Ethos (7 Jul 2007)

Now the problem is they sent me a letter seeking a meeting with them next week. I don't want to talk to them without legal represenation present. Are they allowed to simply ignore the fact that there is a solicitor on record and simply contact me direct? They seem to be operating as if there is no solicitor involved. I would like them to talk to my solicitor direct as I feel I have nothing to discuss with them and that any meeting with them would damage my case.

Just wondering what correct protocol is. Can anyone advise?


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## ajapale (7 Jul 2007)

*Re: Legal action against employer*



ajapale said:


> What does your solicitor advise?


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## Moral Ethos (7 Jul 2007)

*Re: Legal action against employer*

Bit hard that as it is the weekend and it will be next week before I get a chance to talk to him. I am just asking in general terms what others think.


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## Swallows (8 Jul 2007)

Moral Ethos, it all depends what the legal problem is that your solicitor is trying to sort out. If you are off sick why? was there a serious problem at work? If you dont want to talk to your employer while the legal problem is being sorted, get your solicitor to write and ask them not to contact you direct. The problem I can see with this is they might sack you, but by the sound of things the relationship has broken down anyway, and would you want to go back there to work?


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## Moral Ethos (8 Jul 2007)

Ok, a brief summary of what happened. The job I was doing caused me to become ill, i went off sick and doctors prognosis was not good and he recommended I do not go back. I contacted a solicitor for advice and he is issuing proceedings shortly. I attended their company doctor and they (the company) now wish to discuss the report, 2 on 1 situation.


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## gordongekko (8 Jul 2007)

Ask the h.r. department for a copy of your dispute procedure. It is likely that you are entitled to have somebody in the meeting with you ie a union rep. The fact that they are paying you i cant see how you can not attend the meeting. Maybe ask them for a copy of the aganda of the meeting. Your brief summary is a bit to brief? Whats your problem with your employer? Are you being bullied or overworked ,doing a job your not qualified for, or what is the problem?


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## Moral Ethos (8 Jul 2007)

I am alleging that I got sick as part of my job. They sent me to see their doctor and now they want to talk to me on site about the matter. I am receiving no payment from them.


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## gordongekko (8 Jul 2007)

Moral Ethos said:


> I am alleging that I got sick as part of my job. They sent me to see their doctor and now they want to talk to me on site about the matter. I am receiving no payment from them.


 
so whats your problem go and talk to them you wont get the situation sorted if you dont talk to them about it.


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## bond-007 (9 Jul 2007)

I wouldn't advise meeting them without legal representation present. Seeing what you alleged happened, I would not want to discuss anything with them. Get your solicitor to write to them and tell them to contact him directly.


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## Marion (9 Jul 2007)

*Re: Out sick pending outcome of legal action against employer: contacts with employer*

Do we presume that you are not a member of a trade union?

If this is the case, I would agree with Bond 007. Do not meet with them without a witness and take notes.

Marion


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## gordongekko (9 Jul 2007)

You wont answer phone calls you wont answer e-mails and now you wont meet them, your asking for trouble just tell them you will meet them at a neutral venue and bring your legal representation with you.


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## nelly (9 Jul 2007)

as you have a solicitor you can ask that all correspondance is made to him. end of. read your emails - why not, but do not respond to anything unless though your solicitor. Do not meet with them unless you have your solicitor present - or meet and have the union rep present and keep saying - "i cannot say until i consult with my solicitor..."
In the meantime make sure that you can trust your solicitor that you have a good chance of winning the case or a good settlement. Your next port of call would be a consultant medic to back up your GP's claim.
Be aware that PIAB will have to communiate with you directly and not your solicitor.


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## Mpsox (9 Jul 2007)

Difficult to guve exact advice without knowing your role and the full story, however bear in mind the following
Your employer has a duty of care to you and by sending you to their doctor, they have attempted to show this (even if the cynic in you might thing that this was a cover you a..e move). They now have a comfidential report on you and they need to sit down and discuss this with you. If you don't go, and are raising a grievance/law suit against them, any judge will look on your actions in an unfavourable light if it meant that the case could have been resolved earlier and out of court
By all means however ask if you can take someone in with you


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## Cheeus (10 Jul 2007)

If you're going through PIAB you can sign something asking for direct communication with your solicitior. PIAB will communicate directly with a solicitor, they just won't pay their fees.

Does your company have an email policy? Often it will state that it shouldn't be used for issues that could potentially be contentious - you could appeal to that. It's also good to avoid email just because you might say something you regret. If you are not in a union and don't want the heaviness of a solicitor present perhaps you could request the presence of a friend/relative/colleague?


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## Moral Ethos (10 Jul 2007)

Thanks for the replies. 

My solictor advised against attending any meeting without his presence. He has also told them that in future only to talk to him and to leave me alone. BTW I has already seen the report and all parties are aware of its contents. Sadly this matter cannot be concluded in a diplomatic manner as all relations have broken down.


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