TUPE and Disability

mvengemvenge

I have a relative who has a disability following a car crash. It affects his memory/concentration.

He was taken on by the civil service as part of their disability 'quota' system. His dept is now looking at transferring some jobs to a private contractor under TUPE.

The work for the private contractor is much more pressured and target-driven. Should he eventually get sacked by the private contractor due to his performance, what are his rights?

Is it constructive dismissal for the civil service to put him in this position?

dmg24

In effect, any job should be target driven (and indeed, the lack of targets in the public sector is one of the main reasons that it is so inefficient). As long as the new employer is willing to make reasonable adaptations, there should not be an issue. However, reasonableness only goes so far, he still needs to be able to do the job.

BLT_2

mvengemvenge wrote: »

I have a relative who has a disability following a car crash. It affects his memory/concentration.

He was taken on by the civil service as part of their disability 'quota' system. His dept is now looking at transferring some jobs to a private contractor under TUPE.

The work for the private contractor is much more pressured and target-driven. Should he eventually get sacked by the private contractor due to his performance, what are his rights?

Is it constructive dismissal for the civil service to put him in this position?

Notwithstanding my views on people being allocated a job based on a quota system rather than as a result of their suitability for the job if you friend is sacked due to his inability to carry out the job then I fail to see where the issue lies. Your post seems to imply that he has been given a job purely by dint of his disability.

The civil service have provided him a job, and have subsequently arranged for another empoyler for him, I would say they are being more than reasonable. It is up to him to maintain a suitable level of performance to retain the employment.

If you friend is sacked due to non performance his issue is with the firm he is employed with, not his former employer.