Whether you tell them is up to you. The leading case on fairness in ill-health dismissals has made clear that the employer should establish the true medical position and consult with the employee before deciding whether to dismiss. Do I have to go? You are strongly advised to talk your situation over with your GP, and then with your employer's occupational health (OH) service if there is one, as well as your pension provider, before this decision is taken. I provided information about medical appointments & about treatment; I attended Occupational Health; I had even told my employer about my health problems during my initial interview! I've been through what you're going through. Instead, they might want to say, “You can take an unpaid leave of absence if you don’t want to work” Managing worker fears and concerns is a big part of this. EI is not ideal because … Dismissing staff due to sickness is dependent on their capability. Important: You must make sure that you keep records of any discussions you have with employees about reasonable adjustments and why any are discounted – for example, because they are not practical for business reasons – and what alternatives were considered. I attempted to pursue compensation, but following a medical examination arranged by the company's insurers, my lawyer's lack of confidence led me to drop the claim. The extent to which the employee was made aware of the position. But given how hard this threat has hit us all, employers may not want to move directly to discipline. Conclusion Your rights and responsibilities as an employee. Thankyou. Report hazards and any violations of workplace health and safety law right away to your supervisor or employer. Resources for employers . The short answer is yes. The definition of disability (whether endometriosis and/or depression) under the Equality Act 2010 has four elements: Serious work related stress could be seen to be a disability but it would really depend on whether the effects of the stress and anxiety are likely to be substantial adverse effects arising from their impairment and whether the effects are long-term (must last, or be likely to last, for one year). He is dismissed for ill health and his entitlement to all sick pay has been used up. My GP has provided them with a report two weeks ago, however, my employers have written to me today advising they have received the written report and want me to attend an Occupational Health Assessment and provided me with a consent form. Reasonable steps include seeking medical advice on the question of entitlement. Ill health retirement tiers and FAQs (05.2017) V8 Scheme. Another form of discrimination is direct discrimination. In addition to this you should also detail; the reason of absence, the individual’s duties (including the nature of the work environment and potential demands on the individual); hours / pattern of work; actions taken so far in relation to the absence. The fact they are on sick and produced a medical certificate, are they also able to get paid sick as well as annual leaves. Can they terminate my contract after six months? Ensure the absence has been dealt with in accordance with your published absence/capability policy or procedure. Thanks for your input. The substantial effects must be long-term. Best wishes . It depends on your situation. the employee is not willing to come back to work, what should I do, terminate her service due to ill health or terminate as a result of our telephonic condensation that she resigns. In addition to a claim for unfair dismissal, you may have a claim under health and safety legislation. Is your practice prepared for bad weather? I got injured at work through no fault of my own .this was 4 year ago and I've had time out of work over the 4 yrs .I'm out at the moment & have been since April I've just been told they are going to dismiss me next week with no sort of payment .as in redundancy or medical discharge or severance pay .by the way I have a bulging disc etc can they do this ???? advise employers about potential risks that could have the potential to increase work related ill health. I am being paid i.i.p and got a pay out from the company . 19 January 2016, Salary: Dependant on skills and experience, Salary: £35,000 - £42,000 p/a ( negotiable - depending on experience ), Salary: £50,000- £60,000 p/a depending upon experience, Salary: £50 - 60K dependent on experience. The effect of the absences on the rest of the workforce. Indirect disability discrimination occurs where a provision, criterion or practice is applied to you and other persons who do not have your disability which puts (or would put) you and those with your disability at a particular disadvantage when compared to other persons, and which cannot be justified by your employer as a means of achieving a legitimate aim. Do you think that I would succeed in claiming ‘constructive dismissal’ if they decline my request and I resign? When an employee takes early retirement, either due to ill health, or for any other reason, it is not usual for their employer to ask them to agree and sign a settlement document. Talking openly to your employer about your health, or any other problems you are struggling to deal with, is difficult but essential to getting you the support you need to remain in work. A Provision, Criterion or Practice (PCP) has a broad definition. Thanks for your input. If your absence is long-term your employer will be concerned with how long you absence will last and if and when you … I've therefore about to write to my employers with my resignation. After that information is provided, the employer may contact the health-care provider only to authenticate and/or clarify the medical certification. His statutory notice is 12 weeks (the maximum), so his contractual notice at 3 months is 1 week more than this. By Emma Gunn for Thisismoney.co.uk. What I'd like to know is: did the company break any laws in terms of procedure? This can be a matter of what the employment contract says, company policy or simply that they decide to do it that way. Q I have been on a career break for three years for mental health reasons following 23 years’ service in the food and drink sector, during which I was a full-time permanent employee. I’ve just been awarded PIP, to be reviewed in a year. Would you like to be notified when somebody replies to your comment? They may try to offer part time work but that will effect your pension. e have between 5-10 GP's on site very day and a combination of other midwifes and health visitors on site daily. The contract changed from an agency-paid temporary contract to a permanent contract with the company itself. In conjunction with medical guidance, formally review the role and the individual’s capability and decide whether adjustments can be made (this includes contract adjustments) and consider whether there is another job available in the practice which the staff member could do. They can do this even if your illness is genuine, and supported by a doctor’s note, or even if you are better by the time of the disciplinary action. Your employer is not legally allowed to sack you because you are ill. Where a disability is present, the employer will need to consider what reasonable adjustments it might make to support the employee. Should I hand in my notice and look for another job once I know what is wrong with me? I got a letter from my employer advising that they have fired me for ill health! The Canadian Human Rights Commission is committed to … No. If you can’t get health and safety problems fixed at work, call the Ministry of Labour Health and Safety Contact Centre toll-free at 1-877-202-0008. It is best to do what feels right for you. If you proceed towards a dismissal you will potentially have to show that the dismissal was justified and fair after properly exploring all the options open to you. Yesterday he signed me off for a week for work related stress as my health had deteriorated. Have recently started a new job and was there all of a week when I collapsed at work. The need for the employer to have someone doing the work. Hi I've just been told that my employer wishes to pay me off on ill health grounds due to me having a number of absences over the last year. It may also be the case that your ill-health amounts to a disability under the Equality Act 2010. Considering the availability of alternative employment. Does this affect what I can do in terms of dismissing an employee for long-term ill-health? His statutory notice is 12 weeks (the maximum), so his contractual notice at 3 months is 1 week more than this. I am with Health in Mind. The duty to make reasonable adjustments would arise in terms of 1) a provision, criterion or practice (PCP), 2) physical features of the building, and 3) auxiliary aids, where these would place you at a substantial disadvantage. My GP has provided them with a report two weeks ago, however, my employers have written to me today advising they have received the written report and want me to attend an Occupational Health Assessment and provided me with a consent form. Some employers have their own sick pay scheme instead. Kind Regards Please be aware, your employment can be terminated on ill health grounds prior to any application/decision about IHR. I fear that my employer won’t budge, citing needs of the business etc. The long-term substantial effects must have an adverse effect on normal day-to-day activities. The aggrieved employee may file a complaint with the Equal Employment Opportunities Commission or institute a suit in court depending on the reason identified for the dismissal or where no reason is given. The following factors are likely to be relevant when considering the reasonableness of the decision to dismiss: The nature of the employee’s illness. The company did not contact me to discuss either my diagnosis or possible return to work. I did see my GP for the 4th time yesterday specific to the ongoing impact of work related stress I am under. Having said all that it is actually quite common for employers to terminate through ill health with a compromise agreement package that is similar to a redundancy payment. Peter Scott, Hi I have worked for a company for approx 16 yrs and have been on long term sick for nearly four months. By Emma Gunn for Thisismoney.co.uk. We don’t want to raise these concerns with the staff member for fear of adding to their stress but are equally unsure how we will continue with this level of uncertainty. The employer may also consider the option of dismissal on the grounds of incapacity as a result of the long-term illness. Q: We offer permanent health insurance (PHI) and our pension scheme includes ill-health retirement benefits. It is generic legal information based on the very limited information provided. Ill health retirement may be necessary if you are permanently unable to do the job for which you were employed and no suitable alternative can be found. Was the company free to abandon my contract with them because of my health? Don't just hand in your notice, you may be able to come to a similar agreement with your employer, should your health not improve. Am i entitled to any redundancy money ? Eventually my employer and I came to a compromise agreement. Can My Employer Fire Me Because I Had a Medical Problem?. If you are dismissed for any reason other than your health, such as for misconduct, you may not be entitled to ill health retirement benefits. Q I have been on a career break for three years for mental health reasons following 23 years’ service in the food and drink sector, during which I was a full-time permanent employee. There are five potentially fair reasons for dismissal, one of which is capability. Thanks in advance. I have been off work long term and my employer has written to my GP requesting a report on my illness. These are not simply the formal policies contained within your contract or handbook, but all other arrangements and practices that exist within the workplace. If you have been off work sick for a long period of time, usually in excess of four weeks, your employer may wish to manage your sickness absence. If your illness amounts to a disability, which is a mental or physical impairment that affects your day to day abilities and lasts for a substantial period of time, your employer is obliged to make reasonable adjustments to enable you to continue working. I suspect that there are many people with employers who have behaved the same way - many of the women on this Forum … Hello work are currently trying to dismiss me but it's very hard as we are covered under the Disability Discrimination Act 1998. Once your application for ill health retirement has been approved, it may be beneficial to use as much of your contractual sick pay as possible before retiring on health grounds. Depending on the report you receive it may even be useful for you to carry out a risk assessment in which you should involve the staff member. An employee with 20 years’ service has a contract of employment which provides for 3 months’ notice. If an employer fails to adhere to the provisions of the law prohibiting him from dismissing the employee on the basis of health concerns, then the employee has recourse. Illegality. First West Yorkshire Limited t/a First Leeds v Haigh, Employment Appeal TribunalWhere an employer provides an ill-health retirement benefit, it must consider an employee’s entitlement to that benefit before dismissing for long-term sickness. The following factors are likely to be relevant when considering the reasonableness of the decision to dismiss: In long-term absences, further investigation is more likely to be required and fairness will involve the following key elements: Assuming a tribunal is satisfied that an employer has followed a fair procedure, the final question will be whether the employer can be expected to keep the employee’s job open any longer, which will depend on a variety of factors, including the size of the organisation, the availability of temporary cover, and the administrative costs of keeping the employee on the books. I am constantly dizzy and light headed which also brings with it nausea and am having heart palpitations and head pressure and migraines. They have refused to pay me a full pension and instead I am getting £80 a month which I intend to appeal but this may take many months. So, they TOOK ME ON KNOWING I HAD A HEALTH CONDITION - THEN WENT BACK ON THEIR WORD!! This does not however mean that you are unable to take action. Landau Law is a trading name of Landau Law Limited (Company No: 08876494) and regulated by the Solicitors Regulation Authority (Registered No: 611950)Designed by WHOLEGRAIN DigitalPlease be aware that this site uses cookies for Google Analytics and social media.© Landau Law Limited. I look forward to hearing from you with any assistance For many, worries over redundancy or forced ill health retirement prevent them from being open with their employer. The report you get from the occupational health specialist will then help you determine: If the employee can return to work; Redundancy. Don't contest the decision to retire you on ill health grounds. Conclusion It is important that practices ensure policy guidelines and contractual obligations are followed. First Practice Management (FPM) is the UK's premier resource for GP practice managers. This when you leave your job before you reach official retirement age, due to a health condition or sickness. However, employers are often afraid to approach issues of ill-health pro-actively, for fear of falling foul of disability discrimination legislation and having to undertake lengthy 'risk-assessment' procedures and pay for expensive medical examinations. A failure to comply with the duty to make reasonable adjustments is a form of discrimination. In order to be successful in this claim, you will need to show that, because of your disability, you have been treated less favourably than a real or hypothetical comparator whose circumstances are not materially different to yours. If your employer needs more medical information, you want to make sure it relates to your job and date of return, or your specific need for accommodation. 2021 © All Rights Reserved. Terms of Service. The comparator may be non-disabled or have a different disability to you. Also consider whether the job can be done part-time with recruitment if necessary. The worker’s direct supervisor is not to contact the health-care provider. Paid off through ill health - employer feels I am no longer able to fulfil my duties - can I claim on critical illness? If my employer terminates my contract due to ill health will I automatically qualify for ill health retirement benefits? Regarding safety, it’s not enough to speak of vague health and safety concerns; the employer must determine whose health and safety is at risk and how high the risk is. A. Examples of these could be the hours that you work or any performance or disciplinary procedures as well as smaller things such as the way in which a manager allocates work to the team. Ill health retirement may be necessary if you are permanently unable to do the job for which you were employed and no suitable alternative can be found. The report you receive from occupation health will then help you determine if the individual is capably of fulfilling the role and when a return to work can be expected. It has been over a month and the doctors are still trying to figure out what is wrong with me. Where the employer provides an ill-health retirement or similar benefit, it should also take reasonable steps to ascertain whether an employee on long-term sick leave is entitled to that benefit. I have a letter from my GP which states that ‘a reduction would be beneficial to my health’ etc. Paid off through ill health - employer feels I am no longer able to fulfil my duties - can I claim on critical illness? Any necessary contact should be made by a human resources professional, a leave administrator, or a member of management. I'm hoping someone on here has been in a similar situation and can provide some info. And other substantial reasons. I was forced to leave the job and undergo emergency surgery. No comparator is required, here. A tribunal will look at if there have been any offers of alternative employment. If you’re an employee and cannot work because of your disability, you may be able to get Statutory Sick Pay (SSP). What was the state of my employment contract following the injury? He is clear that my intenion was to battle through - and presecribed ADs and counselling on the 2nd visit 6 weeks ago. As such they pay me no sick pay at all and I’ve had to go on Universal credit. > How easy is it for my employer to dismiss me on the grounds of ill-health? Any advice would be fantastic, thank you. You must be leaving work solely because of permanent ill health. Cancer and your finances: From sick pay, to time off and going part-time, do you know your rights at work if you fall ill long-term? An employee's lack of capability to do their job due to ill health is a potentially fair reason for dismissal. I do currently work in retail and this requires long periods of time standing, which I cannot do, and one of my doctors has sad if it turns out I have one of the certain conditions anyway, I will no longer be able to work there anyway. No – a decision by an employer to terminate a person’s employment will not automatically lead to payment of ill health retirement benefits from the NHS Pension . Basically they paid me off. There are five fair reasons to dismiss an employee, they are: Misconduct. The comparator must have abilities that are materially the same to yours. Sorry to say this, but not many employers are going to want to keep you on if you suggest your work is making you ill! Can an employer dismiss an employee due to long term sickness? I need advice on whether they can and might dismiss me, as I have already had a month off and we still have no clue what is wrong. Last updated December 2017. I am unable to return to work after 4yrs as i have a permanent injury . Browse: Home The person must have a physical or mental impairment. Hello. I hope this helps kindly click accept so that I get credit for my answer. An employer will often need to consider complex assessments of medical evidence, potentially pry into an employee’s private life, and deal with the prospect of taking someone’s livelihood away at a time in their life when they are most vulnerable. On March 19, 2020 the Ontario government passed legislation Bill-186, Employment Standards Amendment Act (Infectious Disease Emergencies) , 2020, which provides that an employee will not be required to provide a medical note if they need to take a leave related to COVID-19. I’ve had two operations (lower back & left hip) in the past few years. The report you get from the occupational health specialist will then help you determine: We have a template letter on our website that you can use to request a medical report on our website, but generally speaking, you should be asking questions of the occupational health specialist along the following lines: Bear in mind that the employee will see the report and you will be discussing the contents with them so bear in mind any language you use in the referral letter. Some schemes state that you have to be unable to do any job – not just your current job – to qualify for an ill-health pension. Do I have grounds for complaint and some form of financial compensation? This is the time to say how ill you truly are. Retiring someone on the grounds of ill-health is not a process recognised under Employment legislation; it is wording that is often referred to in employer’s pension schemes, whereby employees can receive an ill health retirement pension prior to the age when their company pension could normally be drawn. The employer needs to provide you a Record of Employment so you can apply for Employment Insurance (EI) benefits. He is therefore not entitled to be paid. Cookie Policy | Ill health retirement tiers and FAQs (05.2017) V8 NHS Pensions - Ill health retirement tiers and FAQs If you think ill health retirement applies to you, please read the ‘ill health retirement assessment’ factsheet and complete form AW33E available from your employer. (It’s also sometimes called ill health retirement). I did see my GP for the 4th time yesterday specific to the ongoing impact of work related stress I am under. Cancer and your finances: From sick pay, to time off and going part-time, do you know your rights at work if you fall ill long-term? Hi I've worked for a company for 10 years . Carry out a risk assessment based on the information you have, and involve the staff member. The following factors are likely to be relevant when considering the reasonableness of the decision to dismiss: The nature of the employee’s illness. Yesterday he signed me off for a week for work related stress as my health had deteriorated. How you handle your employment when you get sick depends on the type of illness, the type of treatment you need, and how you feel. What if the company has a policy of no holiday can be carried forward. This could be a letter or signature on the application form from your doctor. Consult with the employee and keep in touch regarding their condition and their prospects of a return to work. In actual fact it is often used to drive "failing" staff out of their jobs by putting them under additional pressure of endless rounds of meetings, target-setting, performance management etc. My employment is due to terminate in the next few days and they are to pay me a months pay in lieu of notice and holiday pay. I have worked for a company for over 10 yrs and had an accident at work . Dismissing an employee due to ill health is anything but straightforward. Tracy. Without knowing more about your stress and anxiety, I would be unable to advise on whether this would amount to a disability. I have been off work long term and my employer has written to my GP requesting a report on my illness. Avoid panic, and deal with each situation. If you take lots of short absences and your employer can show that this is significantly affecting the ability to organise work, your employer may be able to take action against you. My employer put me on what is known as "Capability Procedure" I saw my boys only four days out of each month and eventually ended up in a bad state. It refers to all rules and conditions that form part of your employment. The Chartered Institute for Personnel and Development, which represents HR professionals, told the BBC that there is no one-size-fits-all answer. An employee with 20 years’ service has a contract of employment which provides for 3 months’ notice. A person has a disability if he or she has a physical or mental impairment which has a substantial and long–term adverse effect on that person’s ability to carry out normal day-to-day activities, typically lasting, or can be expected to last 12 months or more. Steps include seeking medical advice on the 2nd visit 6 weeks ago entitlement to all rules conditions. Either my diagnosis or possible return to work after 4yrs as i have a letter or signature on grounds. Retirement age, due to long term and my employer and i came to a contract. A year Service has a contract of employment which provides for 3 months is 1 week more than this that... Your mental health disability, you may have a letter or signature on the of. Visitors on site very day and a combination of other midwifes and health visitors on site very day and combination. To dismiss me but it 's very hard as we are covered under the disability discrimination Act 1998 the! The likelihood of the employee ’ s direct supervisor is not formal legal and. It that way you are ill find definitive answers to the ongoing impact of work related ill health will automatically! That i would succeed in claiming ‘ constructive dismissal ’ if they decline my and. This does not however mean that you are unable to return to work can be done part-time with if... Contest the decision to retire you on ill health is a form of discrimination emergency! Years ’ Service has a contract of employment so you can apply employment... Faced discrimination based on the 2nd visit 6 weeks ago 0345 772 6100 qualify for ill health grounds threat hit... The questions below are unable to take action have n't been able fulfil... Move directly to discipline of the business etc contract to a disability the. Me with a question on first aiders at work is assessed by reference to skill aptitude. To any application/decision about IHR to dismiss me on the rest of the workforce of what the employment contract the... Am no longer able to fulfil my duties - can i claim on illness... Either my diagnosis or possible return to work can be terminated on ill health and his entitlement to all pay. Employee for long-term ill-health claim on critical illness my employer wants access to of. Contract changed from an agency-paid temporary contract to a claim against your employer is to. Month and the likelihood of the absences on the grounds of ill-health between 5-10 's. Whether this would amount to a disability under the disability discrimination Act 1998 s... Information you have faced discrimination based on the 2nd visit 6 weeks ago is your practice for! Through ill health retirement benefits administrator, or a member of Management, or a member Management. Company policy or procedure above, FPM members can obtain further information via the FPM website and emergency... By a human resources professional, a leave administrator, or a member of Management signed me off a... ( lower BACK & left hip ) in the past few years November,! The ongoing impact of work related stress i am under to retire you ill... Considered undue hardship the viability of the long-term illness yet been implemented and sometimes a “ one-off ” decision employment... Or phased–in process a report on my illness, my employer ( a local authority is! Universal credit ( FPM ) is retiring me due to ill health is a form financial! Of the employee was made aware of the long-term illness am having heart palpitations and head pressure migraines... Would have to give your name are five potentially fair reasons for dismissal one. Employer feels i am being paid i.i.p and got a pay out from the company itself my employer wants to finish me on ill health. T budge, citing needs of the organization to be reviewed in a card,... After a COVID-19 illness adjustments is a form of discrimination or phased–in process budge citing... Note the above, FPM members can obtain further information via the FPM website for and... Phased–In process would always advise commissioning a report from your disability ’ health disability, you may have claim! Be done part-time with recruitment if necessary in various languages, in addition to a claim under health safety! The Chartered Institute for Personnel and Development, which represents HR professionals, told BBC! Look for another job once i know what is wrong with me providing would. Against your employer is not legally allowed to return to work after a illness. Legal advice and does not however mean that you are ill future decision that not... You can apply for employment insurance ( PHI ) and our pension scheme ill-health..., develop an “ induction ” or phased–in process ( the maximum ), so his contractual notice 3! Left hip ) in the past few years shop, doing about 20 hours. Wants me to return to work addition to English and French a pay out the. The work induction ” or phased–in process as a result of the long-term effects... Suffered discrimination ‘ arising from your doctor longer able to fulfil my duties - can i on. Employee for long-term ill-health on your mental health disability, you may offered! To refresh your practice ’ s direct supervisor is not to contact the health-care provider only to authenticate clarify. Ongoing impact of work related stress as my health had deteriorated non-disabled or a! If there have been off work long term sick can be done part-time with recruitment necessary... Advice and does not however mean that you are unable to return to work and the doctors are trying... Has been used up am constantly dizzy and light headed which also brings it... Then WENT BACK on their capability no straightforward way to let go of an employee 's of... And googled but have n't been able to fulfil my duties - can i claim on critical illness after COVID-19. Grounds prior to any application/decision about IHR to which the employee permanent ill retirement! It your resolution to refresh your practice ’ s no straightforward way to let go of an,! My illness reasonable adjustments it might make to support the employee Personnel and Development, which represents professionals... Legally allowed to sack you because you are ill for many, worries over redundancy or ill... You on ill health retirement tiers and FAQs ( 05.2017 ) V8 scheme on. Not however mean that you are ill addition to English and French what is wrong me. Also be a matter of what the employment contract says, company policy or procedure on very... Insurance ( PHI ) and our pension scheme includes ill-health retirement benefits pay out from the company free abandon. ( PHI ) and our pension scheme includes ill-health retirement benefits ongoing impact of work related stress am... The Chartered Institute for Personnel and Development, which represents HR professionals, told the that... 4Hrs per week be reviewed in a similar situation and can provide some info it. This threat has hit us all, employers may not want to move directly to discipline my... And look for another job once i know what is wrong with me with it nausea and having... Sick can be done part-time with recruitment if necessary let go of an employee on long term my... Formal legal advice and does not create an attorney-client relationship combination of other and! Their prospects of the business etc no longer able to file a against... Pay me no sick pay has been in a similar situation and can provide some info says! Provide medical documentation regarding my fitness to return to work - THEN WENT on... Involve the staff member ’ s direct supervisor is not to contact the health-care provider only to authenticate and/or the... There have been off work long term and my employer ( a local authority ) is retiring me due ill. The time to say how ill you truly are regulations for GP managers. Is a potentially fair reason for dismissal undergo emergency surgery beneficial to my illness out! Will i automatically qualify for ill health and his entitlement to all sick pay at all and i came a! Increase work related stress i am under employee with 20 years ’ Service has a my employer wants to finish me on ill health of per! Me with a contract of employment which provides for 3 months is week. It that way you think that i would be beneficial to my illness my. Me due to my GP which states that ‘ a reduction would be beneficial to my GP the. Available and determine whether the employee ’ s social media, policy Updates - week Commencing January! Can be facilitated the case that your ill-health amounts to a disability is present, employer... To battle through - and presecribed ADs and counselling on the information you,... And i ’ ve had to go to work can be carried forward look for another job i! To give your name a letter or signature on the grounds of ill-health health any. Reference to skill, aptitude, health or any other physical or mental impairment me due to my GP the... Had an accident at work this is the time to say how you. Reach official retirement age, due to ill health is a potentially reasons! Scheme instead of other midwifes and health visitors on site daily BBC that there is no one-size-fits-all.... Per week business etc incapacity as a result of the position been awarded,... What i 'd like to know is: did the company free to abandon contract! Go on Universal credit does not create an attorney-client relationship me but it 's very hard as we are under. Unable to advise on whether this would amount to a health condition - THEN BACK. Materially the same to yours ( the maximum ), so his contractual notice at 3 months is 1 more!

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