what can they do

dave030445

Ive been employed for about 13 years for a large company and have been of sick for the last 2.5 years i have my boss and HR coming round to my house for a home visit tomorrow. Can they just sack me under ill health or what do they have to do. Any advice would be good.

MyUserName_4

Depends on the illness, which may give you certain protections under the disability discrimination act (if it qualifies)

If you are covered by the DDA, then your employer has the duty to consider making reasonable adjustments before they terminate your employment.

Edit: BTW, why has it taken them so long to act?

Evilm

I believe they can require you to leave their employment if you are not fit to do the job. They will have to follow a suitable procedure to do so, the exact details of which I'm not sure of.

I am honestly surprised that it has been 2 1/2 years before they have taken action in this matter. I hope this works out OK for you.

bristol_pilot

They can dismiss you for capability (which means not being able to do the job), provided they have followed correct procedures. After 2.5 years on the sick, this is a likely outcome.

dave030445

thanks all
yes i do qualifies the disability discrimination act does this make any differants. Not sure why its taken them so long.

bristol_pilot

Being officially classed as disabled does not automatically mean you cannot be dismissed for capability. The employer has to make reasonable adjustments to help you work. If the adjustments you would need are out of proportion then they can still dismiss you.

dave030445

As far as i know they havent done anything. What steps do they have to take. I had the works oh DR come round some 10 months ago, and he said that the disability discrimination act is undoubtedly applicable in this case.

Savvy_Sue

A union is unlikely to help if you're not already a member.

Realistically, what chance is there that you will ever be fit to return to work? If there is a chance, what is the timescale for that? Would adjustments help? TBH, I think all they would have to do is ask those questions, and work on the answers.

What's been happening to your workload in your absence?

Googlewhacker

As above, if you have been of for 2.5 years will you be able to go back if reasonable adjustments can't be made?

cavework

For 2.5 years you have been accruing holiday pay.
They have every right to ask for a meeting in a place of your choosing, it does not have to be at your home but you really do need to talk to them.
Have you agreed that this meeting will take place at your home?

Sambucus_Nigra

Personally, I'd never want my boss in my front room unless they were a close personal friend. I'd request a neutral venue rather than at home.

What is it you want from this? Is there a chance that you could work again with some adjustments, or do a different job in another role, or another company?