Sick leave over but still not fit for work - what happens?

Vader123

celinepatricia wrote: »

I dont understand what you mean. I thought SarEl had a lot of experience of tribunals.

He/She might do, the experience he/she says is in stark difference to mine so I wondered if they had more experience.

In my experience ETs are fair and open, certainly not sided with either party or biased to certain conditions. However I only do a few a year now so SarlEI might have more recent experience of me.

I do hope ETs don't have pre-judged opinions on either side even in tragic conditions like cancer.

Vader

celinepatricia

Would the ET not be thinking.. cancer is covered by the DDA, and, if this company did not even try to make any adjustments to get this person back into work, what is going on? I think that the company that sacked my husband did so because they would not be wanting him to be losing any more time from work having to go for hospital follow up appointments or treatments.

dmg24

I do agree with Vader123 here, my experience is certainly not the same as SarEl's in this respect. As long as the process has been well managed, there is no reason why a dismissal due to incapability would be unfair solely because the individual has cancer. I would also point out that any incapability procedure in the situation in question is likely to be more concerned with the six month absence due to stress not cancer.

dmg24

celinepatricia wrote: »

Would the ET not be thinking.. cancer is covered by the DDA, and, if this company did not even try to make any adjustments to get this person back into work, what is going on? I think that the company that sacked my husband did so because they would not be wanting him to be losing any more time from work having to go for hospital follow up appointments or treatments.

The question of reasonable adaptations would be relevant to any condition covered by the DDA.

Vader123

celinepatricia wrote: »

Would the ET not be thinking.. cancer is covered by the DDA, and, if this company did not even try to make any adjustments to get this person back into work, what is going on? I think that the company that sacked my husband did so because they would not be wanting him to be losing any more time from work having to go for hospital follow up appointments or treatments.

I don't disagree that employers should try to accommodate.

My issue was with the posting of SarlEI that seemed to suggest that if the employee has cancer the employer is trated like scum. Thats not my experience (and gladly others agree) of ETs.

To suggest this it could offer false hope to people with cancer who goto ET and hence challenged it.

Vader

celinepatricia

So what about companies who do not offer any reasonable adaptions?

dmg24

celinepatricia wrote: »

So what about companies who do not offer any reasonable adaptions?

They would be in breach of the DDA. However, the concept of what is reasonable is open to interpretation (and of course, precedent).

celinepatricia

dmg24 wrote: »

They would be in breach of the DDA. However, the concept of what is reasonable is open to interpretation (and of course, precedent).

So would it be resonable to interpret that a company who does not offer any adaptions, or, even talks to the individual to ask if and what adjustments they would need if any at all, would be in breech of the DDA?

Vader123

celinepatricia wrote: »

So would it be resonable to interpret that a company who does not offer any adaptions, or, even talks to the individual to ask if and what adjustments they would need if any at all, would be in breech of the DDA?

If the employee is considered to be under the DDA and the employer makes no attempt to communicate, look at reasonable adaptions, then yes I say it probably does mean a breech.

But if the employer can't make resonable adaptions, or is unable to AND the employee has something horrible like cancer, I don't see them being treated as "pond scum" at a ET as has been suggested.

Vader

slightlyconfused1

Hi

Sorry, I'm a bit confused. My friend has been medically retired. Is this the same as being dismissed on capability grounds? She is fully expecting to receive her pension (lump sum and monthly amount) and, she tells me, that she is free to find another job if she wants. (she is not fit to do her present job - nor will she ever be).

Her condition was covered by DDA but I got the impression that it didn't really affect anything as there was nothing that could be done to enable her to do her job.