dismissed due to capability

trixxi

Wondering if anyone can give me some advice.

My husband has been off work long term (28 weeks) and his company have just paid him off due to capability. First docs report suggested a temporary desk job (which they have vacancies advertised for) he was told firstly "it was not cost effective" to put him in this role, then when he asked again he was told "the positions were all fulfilled" and lastly he was told they were "part of a different company".

The medical report was dismissed as vague and unhelpful, this report was prior to any medical tests, results and prognosis. we have since asked the company to obtain another report as it would be far more detailed, my GP has suggested my work do this.... but again they have preferred not to.

Hubby has now been given 28 days notice of termination of contract due to capability.

We have appealed this desicion and with his last day being tomoro, his company have now said they would like to obtain another medical report... is this normal? They have also asked if we can extend the normal time frame.

The company have made quite alot of mistakes and we have been advised by different people to go to an employment tribunal.

I am wondering if we decide not to allow the company an extension and to obtain the medical report would this be seen as a negative against us?

We have said several times that our GP has suggested they btain another report which would be far more detailed yet they have declined, and say they are just going to use the original report. Yet now suddenly they want this report....

Can anyone offer me some advice on what we should do?

thanks )

saintjammyswine

How long was/is he employed there?

Jarndyce

trixxi wrote: »

Wondering if anyone can give me some advice.

My husband has been off work long term (28 weeks) and his company have just paid him off due to capability. First docs report suggested a temporary desk job (which they have vacancies advertised for) he was told firstly "it was not cost effective" to put him in this role, then when he asked again he was told "the positions were all fulfilled" and lastly he was told they were "part of a different company".

The medical report was dismissed as vague and unhelpful, this report was prior to any medical tests, results and prognosis. we have since asked the company to obtain another report as it would be far more detailed, my GP has suggested my work do this.... but again they have preferred not to.

Hubby has now been given 28 days notice of termination of contract due to capability.

We have appealed this desicion and with his last day being tomoro, his company have now said they would like to obtain another medical report... is this normal? They have also asked if we can extend the normal time frame.

The company have made quite alot of mistakes and we have been advised by different people to go to an employment tribunal.

And on what grounds do these 'different people' suggest you might have a potentially successful claim? Presumably unfair dismissal. And do you not think that after 28 weeks on the sick the company has the right to dismiss on capability grounds? Of course they do. OK they may have made some procedural mistakes which would render a dismissal technically unfair (doubtful based on what you say) but any compensation could be reduced to zero as dismissal would have been inevitable under a fair priocedure also.

I am wondering if we decide not to allow the company an extension and to obtain the medical report would this be seen as a negative against us?

Yes of course it would!

We have said several times that our GP has suggested they btain another report which would be far more detailed yet they have declined, and say they are just going to use the original report. Yet now suddenly they want this report....

Can anyone offer me some advice on what we should do?

You should accept that perhaps they are trying to make sure they do things properly and look for ways of saving your job rather than look for an excuse to trip them up.

thanks )

.............

trixxi

He has been employed with the company for 3 years.


Jarndyce.... the company are advertising jobs my husband is capable of doing, yet they are not considering him for this position. My husband is temporarily disabled due to his back condition whilst we wait for treatment at the hospital. He will be capable of doing his job once he has been given treatment. The company are aware of this and have been medically advised if he could do a desk job in the interim he would be capable of working, just not driving due to the medication and length of time in the car.

As for looking for ways to save his job... thats exactly what we have been trying to do.... noone needs to trip them up.. they are falling flat on their faces at each turn!!!

Uncertain

If you were to bring an unfair dismissal claim (leave aside for the moment whether it is justified) then there is a STRICT time limit of three months less one day.

It is not unknown for companies to string along appeals etc in the hope that the employee will be out of time to make a claim.

Has your husband been receiving company sick pay (over and above SSP)? If so, carefully check the contractual terms of sick pay scheme. This wouldn't stop them terminating his employment but they would still have to meet any contractual commitments.

He has also been accruing paid holiday all the time he is off sick. They will have to pay him for this in addition to his notice.

You need to get legal advice. Check your house insurance to see if it provides cover.

trixxi

thanks for your reply...

when does the 3 months start from for you to claim?

hubby received first two weeks full pay then onto SSP, this finishes on last day of employment (tomoro). The company have paid him all his holiday pay at end of oct and will receive just 1 weeks SSP at end of nov (i think)... doesnt get any other money than that.

hadnt even thought of checking house insurance for legal cover...

Jarndyce

trixxi wrote: »

He has been employed with the company for 3 years.


Jarndyce.... the company are advertising jobs my husband is capable of doing, yet they are not considering him for this position. My husband is temporarily disabled due to his back condition whilst we wait for treatment at the hospital. He will be capable of doing his job once he has been given treatment. The company are aware of this and have been medically advised if he could do a desk job in the interim he would be capable of working, just not driving due to the medication and length of time in the car.

As for looking for ways to save his job... thats exactly what we have been trying to do.... noone needs to trip them up.. they are falling flat on their faces at each turn!!!

My point was they may actually have requested the new medical report in order to see if they could accommodate him after all.

The three months would start from the date of his dismissal. But regardless of whether he is now capable of working, 28 weeks sick leave is more than sufficient for any employer to dismiss on capability grounds.

trixxi

I suppose my point is that we have suggested at the last 3 meetings that they get the updated medical, why wait till they have dismissed him? and also that he is willing to work in the office, all of which have been ignored and yes 28 weeks is long term sick but it neednt have been if they had let him do a desk job 12 weeks ago and advised at end of may in original doctors letter.

ohreally

What size is the employer?

trixxi

I think its about 100 staff

trixxi

just giving this a nudge!