Disability discrimination linked to Cancer help!!!

Takeaway_Addict

Sambucus_Nigra wrote: »

My argument would be that I'm not at work so why would I access work emails?

Because you want a different job? People need to be proactive and not rely on the employer all the time especially when they know where jobs are advertised.

Darkblu3

Long Time lurker but had to join up to post on this matter.

Regardless of alternate work been available or not the employer has a duty to provide a safe place of work. Hardwood dust is a known and proven carcinogenic compound and as such if the employer is failing to manage this then they are in breach of Heath and safety legislation.

Sambucus_Nigra

Takeaway_Addict wrote: »

Because you want a different job? People need to be proactive and not rely on the employer all the time especially when they know where jobs are advertised.

And the employer - knowing that they only advertise jobs through email, need to consider people on long term sick won't be opening their emails.

They didn't used to pop into work just to read the notice board either.

Uncertain

Darkblu3 wrote: »

Long Time lurker but had to join up to post on this matter.

Regardless of alternate work been available or not the employer has a duty to provide a safe place of work. Hardwood dust is a known and proven carcinogenic compound and as such if the employer is failing to manage this then they are in breach of Heath and safety legislation.

Obviously that is very true. If this caused the OP illness then the employer may well be liable. It is also possible they may be prosecuted.

However, sadly, that is separate to the employment issues. If you are off work long term then the employer may well be able to terminate your employment regardless of whether your illness was their fault or not.

Obviously if you lose your employment your losses increase and, if you successfully sue your employer for personal injury, then the payout SHOULD increase to take account of this.

The law treats these issues separately.

Takeaway_Addict

Sambucus_Nigra wrote: »

And the employer - knowing that they only advertise jobs through email, need to consider people on long term sick won't be opening their emails.

They didn't used to pop into work just to read the notice board either.

Of course not but at the end of the day the employer is still contacting the employer and keeping them informed, the employee just chose not to accept the contact effectively.

Going in circles here so no further comment from me.

Sambucus_Nigra

Takeaway_Addict wrote: »

Of course not but at the end of the day the employer is still contacting the employer and keeping them informed, the employee just chose not to accept the contact effectively.

Going in circles here so no further comment from me.

The main 'rules' of communication are that it is two way - you can't just send out emails and assume that they have been read, by someone who is off sick. As ultimately, because they are off sick, they should not be accessing work equipment or systems. It's a fundamental premise when you are a manger to take this into consideration. So you need to find other ways of communication. It really is not rocket science to work out.

Just like, for people on long term sick, you would not invite them to a meeting to discuss their sickness by emailing them or texting them on their work phone. You would write to their home address or call and speak to them on their home phone.

The employee has not chosen to not accept the contact effectively; they are on long term sick and as such, non work based communication routes should be used.

We aren't going round in circles, it's just that you aren't understanding that the premise is on the employer to keep in touch and to notify their staff of everything that is important to them whilst they are off. And if the issue is that of moving to another role, then this would be considered to be one of those things as the OP could well have been back at work months ago had they been kept in the loop.

CFC

If they are going down the route of dismissal on the basis of capability they need to hold a formal meeting with you exploring your capabilities first. Or at least as a first step a documented welfare meeting. Has this been done? Until and unless this formal meeting is held, they have no obligation to let you know of roles.

If this meeting has been held then you need to request another welfare meeting and raise this query in the meeting.