Discrimination?

heretolearn_2

Not for me (honest) but a friend of mine runs a small company and employs an older chap in his early 60s to do a job that has a physical element to it - carrying/moving stuff around. He's worked there for about 3-4 years I think. He's got quite frail looking in past couple of years but hasn't mentioned any health problems, he's just one of those little old men types she says.

But now he's struggling to do his job properly as he just isn't capable of moving the stuff any more. It has to be carried by hand, it's not practical to provide a trolley or anything as it needs to go up and down stairs too, and it's not massive loads or anything really, everyone else can manage them including her. But she's wondering now if he's reached the end of the road for that type of work as this basically is his job and other people are having to help/cover for him now.

Is this a capability issue or would she get in trouble over age discrimination? And if she went the capability route, is there a risk there if he doesn't agree that he is no longer capable.

She doesn't want to be heartless but she can't afford to keep someone on who can no longer do the job.

SevenOfNine

Before starting ANY proceedings, has she sat down and discussed this with him?

SueC_2

SevenOfNine wrote: »

Before starting ANY proceedings, has she sat down and discussed this with him?

Sitting down and discussing it with him IS starting proceedings!

In fact, acknowledging there is a problem and seeking advice is starting proceedings.

It is impossible to do anything before starting to do something!

saintjammyswine

SueC wrote: »

It is impossible to do anything before starting to do something!

Now that's deep man!

SarEl

I agree that this may potentially be a capability issue - but before going down that route can I urge some caution? Just because she and others can carry these items and haul them up and down stairs does not mean that they should be! She is absolutely certain that she is complying with all manual handling procedures and health and safety. Because if she is not, then it could be "an accident waiting to happen" if she starts capability proceedings and he counters with breach of health and safety and personal injury! Many small employers "make do" and "cut corners" with no intnetion of breaking the law - but intention isn't what ends up in court.

heretolearn_2

I don't know, I'll get her to check. There aren't any absolutes on this though are there? Such as weight limit on items to be carried?

tizerbelle

If there is a requirement for staff to be moving stuff up and downstairs on a regular basis shouldn't there be an assessment as to whether any equipment should be supplied to aid with this - e.g a a stairclimbing sack truck - which means the employee (any of them not just the gent being discussed) are able to use the trolley to get the equipment up and down the stairs and around the flat surfaces in an easier/safer manner. Presumably this would reduce risks of falls, dropping stock, bumping into things for everyone and may actually solve the problem.

Savvy_Sue

there most definitely are weight limits, and your friend should have someone within the company responsible for 'elf and safety who knows what they are, in my opinion!

A little time spent on the HSE website would be time well spent, especially in the light of what SarEl says!

heretolearn_2

Hi

thanks everyone, she looked at the HSE site last night and found out a few things. Apparently they say they don't set legal weight limits as each individual has their own abilities, and also stairs represent an 'amber' risk level so not perfect but not something she needs to take action on.

Didn't answer her original query much but she found all this interesting and it's helped her out to make sure she's covered for risk, thanks.