can they do this

earwig

hi my oh is a plumber and had an acciedent at work 4 years ago as a result he twisted his knee he had two weeks of work knee was never right but had to return to work as we needed the money fast forward 4 years and my oh knees was so bad he could hardly walk he went back to the gp who had a mri scan done on the knee and told oh that he had a torn knee ligement and arthrists but was unsure of which was causeing the pain so he arange for a op to have a better look at what was causing the pain

the gp said that my oh could work in the mean time so long as it was office based and not on the building site my oh asked his company if they had any office work and they said no so my oh has been of work now for nearly a year on esa

on sunday my oh found out that another plumber had injured them selfs at work but they have been given office work can they do this as my oh has worked for the company longer then the other plumber had his accident before the other plumber and had a better work record than the other plumber and had more qualfcation than the other plumber it just hard to take that my oh has been forced on esa while the other plumber has been spared this fate my oh wants to work and dosnt like sitting around at home

also i suspect that my oh company want to get rid of my oh as they have always overlooked him for promation going on couses getting the good jobs ect and have not phoned or written once since his been of work sick he has worked for them for 11 years so what is the correct way for a company to lay someone off on medical ground thanks if you can help

Googlewhacker

Why has it taken a year for the operation?

earwig

hi he had the op in march and its left him disabled he has grade 4 ositoarthists in his knee and no cartledge at all and it needs replacing but they say he is to young to have a knee replacement has to wit untill he is over 40 he can work and wants to but cant do plumbing work that why his a bit upset that he company have offered work to this other plumber but not him dont understand it

Googlewhacker

earwig wrote: »

hi he had the op in march and its left him disabled he has grade 4 ositoarthists in his knee and no cartledge at all and it needs replacing but they say he is to young to have a knee replacement has to wit untill he is over 40 he can work and wants to but cant do plumbing work that why his a bit upset that he company have offered work to this other plumber but not him dont understand it

I'm not sure on that one but unless it is discriminatory in the eyes of the law I can't see what you can do but that is only my view....I would talk to ACAS or wait for Uncertain, SarEL or Lazydaisy to come along and advise

earwig

thankyou for your reply its so frustrating and we dont know what to do for the best

Googlewhacker

I did think, do you gain financially if he is medically discharged rather than resigning because if he isn't why not start looking for another job and if you get one hand your notice in?

I wouldn't advise resigning without a job as you maybe sanctioned benefit wise

earwig

no nothing to gain dont even get sick pay of his company it was ssp for 26 weeks then esa