help

[lisa2007]

my husband has just lost his job, he had an accident at work and has been off sick through it for over a year he had a meeting with them today and they have given him 9 weeks notice as he has worked for them for 9 years. does anyone know if this is all he should be offered or should there be more and does 9 weeks notice mean he is still employed by them for the next 9 weeks or should he get a lump sum of 9 weeks money ?

[buildersmate]

They are probably giving him 9 weeks notice of termination of contract, in which case they will pay him for the next 9 weeks, and dismissing him for the (potentially fair, I'm afraid to say) reason of capability. He is unfortunately not capable of doing his job.
However that shouldn't be the end of it if his sickness is a direct result of the accident. Employers have a duty of care to their employees and if they fail in this regard he is entitled to make a claim for work injury compensation. If proven, one facet is the potential loss of earnings in the future.
There are lawyers up to your armpits specialising in this, but in the first instance it might be wise to talk to the CAB. One has to make a claim within 3 years. If he is a member of a Union, they will probably take it up on his behalf.

[lisa2007]

yes i understand all of that and he has got a compensation claim which his union is taking care of, so are you saying that all he will get is 9 weeks money and nothing else no gd will gesture or package of some sort ?

[ChuffingHell]

Unless his employment contract says otherwise, nothing more necessary. If anything, 9 weeks notice is more than the statutory legal requirements would need, so it couls be argued that is a good will gesture. That said, its also probably in the contract so whilst its more generous than needs to be, they're tied to it contractually.

As to pay method, the employer might choose to pay it as salary or as a lump - he should ask them to clarify whether notice is being paid in lieu.

[lisa2007]

i understand what you saythe 9 weeks pay is the law of my contract anyway because ive been there 9 years so this is not really a gd will gesture as they have to give me that by law can he still claim for loss of earnings as he is still injured ?

[buildersmate]

As you correctly say, Lisa, 9 weeks IS the contractual obligation.
The loss of earnings issue will be covered by the claim he eventually makes - that's what the claim is for, plus some form of calculation for loss due to disability. There's nothing else, I'm afraid. There's no legal obligation to give him a 'package', to use your term. Packages are typically associated with dismissal due to redundancy.

[lisa2007]

mant thanks for all the advice buildersmate x