Can employer sack husband for being injured

incensicle

My husband had an accident at work sixth months ago. His sick pay has run out and he needed to get back to work, so his work doctor said he could return to light duties, as long as it didn't worsen his injury. His GP and consultant agreed with this. Unfortunately the only work available was is an early shift, and he has had to come off his medication in order to be able to drive to work safely without being drowsy. I don't think this is sensible but he is worried they will sack him if he can't work. He has now been told he needs an operation that will put him out of action completely for at least 4 months.
Can his employer fire him, as he is not fit for work, if he admits he cannot continue with what they have given him.
This is very stressful, as we don't know what to do for the best, and I would really appreciate some advice on what our options are.

ohreally

incensicle wrote: »

Can his employer fire him, as he is not fit for work, if he admits he cannot continue with what they have given him.
This is very stressful, as we don't know what to do for the best, and I would really appreciate some advice on what our options are.

The employer can dismiss on grounds of incapability.

Re the other points, and i don't know the situation re the accident, in the absence of a trade union i would advise your husband to consult a solicitor.

Horace

They can dismiss him on the grounds of incapability but as this is an injury that has happened at work then he needs really to see a solicitor to pursue a case for personal injury (a no win no fee lawyer is good as they claim costs from the other side so it doesnt affect the compensation that you get).

Vader123

ohreally wrote: »

The employer can dismiss on grounds of incapability.

Re the other points, and i don't know the situation re the accident, in the absence of a trade union i would advise your husband to consult a solicitor.

ohreally is correct.

Your husband is paid to do a job. If he can't do it because he is ill and off work, he is incapable and hence can be sacked for incapability.

I can't see any legal recourse for you from your post, unless the accident was the employers fault. (Given you don't mention it, I don't think it is).

Regards.
Vader

Vader123

Horace wrote: »

They can dismiss him on the grounds of incapability but as this is an injury that has happened at work then he needs really to see a solicitor to pursue a case for personal injury (a no win no fee lawyer is good as they claim costs from the other side so it doesnt affect the compensation that you get).

Only if the accident is the fault of the employer and this can be proved.

Just because a "accident" happened at work, does not automatically prove the employer was liable.

Vader

ohreally

Does his GP/ consultant know he has stopped medicating?

If he's still under the care of his GP he needs to keep the GP informed of developments, especially if at some point in the future he tries to claim compensation for loss of earnings.

incensicle

To clarify, the accident was at work, and there is a compensation claim ongoing through a solicitor supplied by the union. It was due to negligence on their part and they do not seem to be disputing this although who knows what goes on behind closed solicitor doors. I have no idea the size of payout expected, and you can't live on a money that might turn up in the future. He also has lost his work license as he couldnt pass the medical for renewal, so if he gets dismissed he will not even have that to try to get another job when he is fit. BtW his solicitor is concerned only with the compensation claim, not my husbands job proscpects.

ohreally

incensicle wrote: »

tW his solicitor is concerned only with the compensation claim, not my husbands job proscpects.

He needs to make contact with his union full time officer, local steward should be able to arrange this.

Has the accident left your husband with protection under the disability discrimination act? If it does all bets are off in terms of the employer simply terminating his employment contract.

incensicle

No, I don't think he would be classed as disabled, he will hopefully make a full recovery after his operations, it will just be a slow process until he is 100% fit. The consensus seems to be he could be sacked for incapability. I can understand an employer can't be expected to subsidise an employee indefinitely. The question is are they going to sack him when he has his operation, in which case should he cut his loses tell them now he cant do the work, or struggle on in the hope they will give him a bit more time.

From when he had his injury I have been thinking ahead incase he could not go back to work, and trying to set up a small business for him, as I was worried his injury would leave him unemployable, especially in this climate.
It would not be a very big earner, but basicly more than benefit, and would be helped with tax credit. Does this seem a good idea? All the other options lead to the minefield of benefits, and basicly he wants to work.
Thank you for the replies.

olias

incensicle wrote: »

To clarify, the accident was at work, and there is a compensation claim ongoing through a solicitor supplied by the union. It was due to negligence on their part and they do not seem to be disputing this although who knows what goes on behind closed solicitor doors. I have no idea the size of payout expected, and you can't live on a money that might turn up in the future. He also has lost his work license as he couldnt pass the medical for renewal, so if he gets dismissed he will not even have that to try to get another job when he is fit. BtW his solicitor is concerned only with the compensation claim, not my husbands job proscpects.

Then he needs to be taking advice from his solicitor on what has been discussed by his employer and what course of action his solicitor reccommends he takes. He does not want to do anything that would jeopordise his compensation claim.

Olias

olias

incensicle wrote: »

To clarify, the accident was at work, and there is a compensation claim ongoing through a solicitor supplied by the union. It was due to negligence on their part and they do not seem to be disputing this although who knows what goes on behind closed solicitor doors. I have no idea the size of payout expected, and you can't live on a money that might turn up in the future. He also has lost his work license as he couldnt pass the medical for renewal, so if he gets dismissed he will not even have that to try to get another job when he is fit. BtW his solicitor is concerned only with the compensation claim, not my husbands job proscpects.

Then he needs to be taking advice from his solicitor on what has been discussed by his employer and what course of action his solicitor reccommends he takes. He does not want to do anything that would jeopordise his compensation claim.

Olias