dismissed due to capability

dandelionclock30

I dont think you would get very far with unfair dismissal as the employer has dismissed for a fair reason and your husband has had a long time off.All the employer has to do is act fairly within a band of resonable responses.Just because it appears harsh to you doesnt make it an unfair dismissal. How has the employer made a lot of mistakes with this?
Before listening to people telling you to go to an ET get proper legal advice as if you take them yourselves and you have a weak case and the finding is in favour of the employer you can end up paying their costs and end up with a reference that says dismissed and upheld by an ET!!
Are you in a union? or can you go to the CAB with this?.
Probably best to go along with them getting the new report as they seem to be wanting to be properly informed.

Emmzi

Is he capable of doing the advertised jobs now, or with training? If it is with training I am not sure you have a case at all as a reasonable adjustment may not include a long period of upskilling.

Has anyone suggested his condition may be covered by the Equality Act, as I think that is your last chance. (by "anyone", a medical person or a lawyer, not mate down the pub!)

Jarndyce

Emmzi wrote: »

Is he capable of doing the advertised jobs now, or with training? If it is with training I am not sure you have a case at all as a reasonable adjustment may not include a long period of upskilling.

Has anyone suggested his condition may be covered by the Equality Act, as I think that is your last chance. (by "anyone", a medical person or a lawyer, not mate down the pub!)

The OP has said that the condition is temporary, so it would not be covered. Even if it was, the employer does not have to tolerate unlimited sick leave.

Emmzi

Jarndyce wrote: »

The OP has said that the condition is temporary, so it would not be covered. Even if it was, the employer does not have to tolerate unlimited sick leave.

Given they have been off for 6 months or so, it's not impossible they need light duties for another 6 months which would take it to "over a year". Which may be why the employer wants to be especially sure with an occ health report?

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068

A long shot but it is often reassuring to the poster to know they really have exhausted all avenues.