Threat of termination

Muscle750

Ive worked for the same company over 20 years and ive been unable to drive for the last 15 years plus due to i developed epilepsy which is now under control. Approx 6 months ago i was called into the office and it was stated that they were unaware i didnt hold a driving license which is completely and utterly untrue and i can prove this. I was asked what i intended to do and i said that due to family commitments ie daughter getting married and the other off to uni i wasnt in a financial postion to retake my test etc due to the cost , however i said i hoped that in the new year if i was able to to i would attempt to legally drive etc.
Today again i got called into the office and told that basically as i still didnt have a licence that my postion was in question and that they would be consultating and get back to me within 10 days etc and to tell me wether i still had a job or not.
Over the last 3 months the overtime has dropped off and ive even worked unpaid and am still owed in excess of £700 in overtime from last year which i dont hold any chance of it been paid whatsoever.
My medical condtion has never ever caused a problem at work ive never been ill at work in respect of it.
Ive been given the all clear to resume driving by my doc and the hospital etc yet financially at the moment i cant afford to.
The nature of the job does require some road testing of vehicles but this has never becme a problem and one of my collegues are quite happy to do so.
They have recently started doing monthly appraisels which we are all puzzled about the general feeling is that are looking to out people at the least amount of expense.
Their present arguement is that i am now legally allowed to drive and therefore i am not been discriminated against in a disabilty point of view.
The company has recently closed down other sites and have issued profit warnings etc.
Ive spoke to the union and they said i cant do anything until they let me their decision in a few weeks.
As i said i have over 20 years service and i really am worried about this situation and feel im been treated very unfairly. My dept is easily overstaffed althou i have the most years service there are 5 in our dept.
My collegues cant believe how ive been treated and are fully on my side.
If my employment is terminated then i will fight it tooth and nail however at 50 years of age finding another job in the motor trade is going to be very difficult if not impossible
Its even been stated by a member of deputy management that they want the longest serving out to save paying redundancy
Im expecting a call back tomorrow from my union rep however another union person i spoke to until the decision is made they cant do anything.
I really am feeling pretty upset at todays events

SarEl

Understandable but I am afraid the union are right - there is nothing they can do about a threat/ intimation... they need the employer to actually do something. For what it's worth it sounds like they will have a good case to fight if the employer does this.

yvonne13_2

OP don't take this the wrong way but I think your employees are right.

You were employed to do a job role and after 5 years service you were unable to do that role so was given something slightly different for 15 years.

You yourself has said you have never been ill due to your medical condition and now you have been given the all clear by your doctor which is great news.

Now the only thing that is stopping you doing the role you were employed to do is you by saying a co-worker can do the road testing and you haven't got the money to pay to retake your driving test ect.

Better you focus on finding the money to take you test before its to late and you have no job to moan about instead of moaning to your co-workers that you have been treated unfairly.

LittleVoice

If you actually voluntarily surrendered your driving licence on medical advice you do not need to re-take the driving test. Renewing your licence may be free - check it out.

Of course, if you did not surrender voluntarily or were disqualified for some other reason, then I believe a re-test is necessary.

Emmzi

looks free to me.

http://www.direct.gov.uk/en/Motoring/DriverLicensing/NeedANewOrUpdatedLicence/DG_4022089

yvonne13_2

OP, Emmzi has given you the link that proves that renewing your licence is free, perhaps your employees have the same information too.

All I can do is advise you to start the ball rolling by sorting out your licence, by what you have said it looks like you have 10 days left.

SarEl

yvonne13 wrote: »

OP don't take this the wrong way but I think your employees are right.

You were employed to do a job role and after 5 years service you were unable to do that role so was given something slightly different for 15 years.

You yourself has said you have never been ill due to your medical condition and now you have been given the all clear by your doctor which is great news.

Now the only thing that is stopping you doing the role you were employed to do is you by saying a co-worker can do the road testing and you haven't got the money to pay to retake your driving test ect.

Better you focus on finding the money to take you test before its to late and you have no job to moan about instead of moaning to your co-workers that you have been treated unfairly.

Rubbish - they have accepted this situation for 10 years. If it was an issue it was an issue 10 years ago. And the OP wasn't complaining about co-workers - the OP actually said that they have helped him out and that they support him.

I suggest you try learning the law before giving legal advice, and that you read the post before assuming things not said. And if you think epilepsy is "never been ill" then you don't know a thing abouit disability or the law.

yvonne13_2

SarEl wrote: »

Rubbish - they have accepted this situation for 10 years. If it was an issue it was an issue 10 years ago. And the OP wasn't complaining about co-workers - the OP actually said that they have helped him out and that they support him.

I suggest you try learning the law before giving legal advice, and that you read the post before assuming things not said. And if you think epilepsy is "never been ill" then you don't know a thing abouit disability or the law.

Wait!!!! I never said once I was giving legal advise so wind you neck in.

Nor did I say he was complaining about his co-workers, Nor did I say his illness never affected his work the OP did.


This forum is for anyone to post suggestions, thoughts, ect so better you read what I wrote properly before assuming things that I never said.

bendix

I don't see what SarEl is getting uptight about. The OP clearly indicated that the nature of his job requires him to do some road-testing. He doesn't have a driving licence. I don't see that he has a leg to stand on. It's further compounded by the fact that he could get a license very easily but is using the 'I can't afford it' excuse, when a 60 second search online shows clearly that there is no cost associated with it.

Just because the employer 'accepted it' in the past doesn't mean they have to continue employing someone for a role when he can't perform one of its basic tasks, particularly when it's his lack of engagement to blame for not having a licence.

Emmzi

I do see.

This is not a "change in OPs condition."

He has not held a licence for 15 years and has been working for 15 years. One could say there's a bit of custom and practice in there.

The employer appears to wish to change his workload to something he specifically cannot do at present.

The employer is clearly looking for excuses to lay people off circumventing a proper consultation process.

The most pragmatic thing for the op to do is cut them off at the pass by renewing their DL and avoiding a whole load of pain.

But legally if the employer does dismiss, having had one way of working for a long time and changing it for what looks like no good reason, they may have a case to answer.

The grey area is that the OP presents his lack of DL as a disability issue when in fact the reason he does not have one currently is not down to his condition, it is because he hasn't organised himself to get one. So while the employers ations look to be unfair I am not sure if they are "disability unfair" and I don't have a big book of case law here....

Does that summarise both sides?

bendix

emmzi, if he has had this job (which requires road testing) for so long and has not been doing it because he couldn't get organised enough to get a driving licence, instead relying on his workmate to do it, I would suggest the employer is perfectly within their rights to fire him, let alone anything else.

This has nothing to do with disability, and everything to do with the fact that he hasn't been doing the job he was meant to do because he couldnt be bothered getting a driving licence. So finally they are dealing with it.

And about time . the OP can hardly complain that he's now under the spotlight.