Termination due to health capability...advice please

chrissyr60

madvixen wrote: »

Hi Chrissy,

Sorry to hear about your situation hun, I've been there myself and it's pretty lousy. You mention "conditions", is this a long standing illness? If so, are you covered by the Equality Act 2010?

The redundancy forum that a couple of people have mentioned is a very good port of call. SarEL really knows her stuff.

Hi, thank you. My employers know that my conditions are covered by the equalities act but don't seem to care. If I am unsuccessful with the appeal (which I guess I will be) then I am considering finding out how to take out an unfair dismissal. My conditions are long term (obviously dont want to say on here what they are) but the main one can most of the time be managed so I can return to work in time. It has been made worse because both my conditions have been bad at the same time and also the waiting time for specialist appointment which was auctioned as my doctors have not been able to help much. I am extremely worried about what potential future employers will think knowing I was dismissed due to health capabilities.

Torialou78

I have been through this last year myself. My illness was caused by an accident at work, however I too had issues with them starting a case to finish me. I actually contacted a solicitor and my work did back off for a further 8 months but I was still to ill to go back and they terminated me in December last year. In regards to your annual leave, you do indeed build it up while you are off and when they terminate you, you will be due any leave outstanding to you in form of payment. If it is mid way through the annual leave year though it will be calculated as a percentage so just because you normally get say 22 days does not mean you are due 22 days. If you are only employed till say June and your leave year is april to april you will only be entitled to 2 months of annual leave pay not 22 days worth. Which I cant work out lol.

As to unfair dismissal have your written in officially to let your employer know that you are covered by the equalities act? I had to do with mine because I asked to go back on restricted duties because I now have perm damage and also neuro issues but my work also thought themselves above the law and refused me.

I had the choice when I went to the solicitors which claim I was going to follow up unfair dismissal or for the accident. They said it was not worth both some legal reasons and they decided I had a stronger case with the accident.

I will say however any solicitors will give you free advice over the phone and some even free if you go in. One of my local ones saw me for over 2 hours for nothing regarding the unfair dismissal. They were really helpful it was them who helped me inform my management about the fact that my illness was covered.

My solicitor did warn me that even with the act its a fine line what is a fair time for being ill and also it depends how long you have previously been ill for on other occasions and how long you have worked for the company. Still your best bet is looking for a local solicitor and asking to speak to one. Employment law is the ones I think would be best suited to this line.

Good luck hun. Hope you get sorted. xx

Funky_Bold_Ribena

ValHaller wrote: »

Although this thread https://forums.moneysavingexpert.com/discussion/4515905 indicates that the lawyer in question is the subject of controversy.

No it doesn't. I'd be a bit careful about stirring about a lawyer who clearly knows her stuff.

One person pretending that SarEl may have misunderstood their ramblings does not make a controversy.

ValHaller

Funky_Bold_Ribena wrote: »

No it doesn't. I'd be a bit careful about stirring about a lawyer who clearly knows her stuff.

One person pretending that SarEl may have misunderstood their ramblings does not make a controversy.

If she is not the subject of controversy, why was the linked thread needed in the first place?

Takeaway_Addict wrote: »

I read her website for information and have come across a couple of corking threads where OP's get the hump when she tells it to them straight

.....

Go on, read them and chuckle to yourself at people getting the hump

Person_one wrote: »

Not a fan myself. She undoubtedly knows her stuff but she could be pretty rude on here to people who didn't deserve it.

ValHaller wrote: »

I can see a lot of potential for entertainment out of this.

1. Spot a likely OP on here for our fun
2. Tell them their problem is 'too hard' and that they need advice from this SarEl, who is a proper employment Barrister
3. Wait for fireworks
4. Post the link back on here

But is it right to do such a thing?

Now tell me that there is no controversy. The woman seems to me to be pathologically inclined to draw blood and some of her fans seem quite drawn to it as a spectator sport.

Anselm wrote: »

The way in which she demolished the first person... Oh my days, it was like watching a hungry lioness take down an injured ibex.

My point is not to argue the nature of this person one way or the other. However, it really is not right to send someone in her direction without the opportunity to make their own minds up about whether it really is something they want to do.

Funky_Bold_Ribena

ValHaller wrote: »

Now tell me that there is no controversy. The woman seems to me to be pathologically inclined to draw blood and some of her fans seem quite drawn to it as a spectator sport.

Or perhaps - doing loads of pro bono work makes you short and to the point and people just can't hack that?

ValHaller

Funky_Bold_Ribena wrote: »

Or perhaps - doing loads of pro bono work makes you short and to the point and people just can't hack that?

I'm not bothered about apologetics for her one way or the other. As long as people don't go straight to her off the back of a recommendation here without being given the opportunity to consider whether they will end up on the wrong end of her shortness. Nobody has to hack it from her without making an informed choice.

LannieDuck

I'm not sure there's much controversy. Certainly the quotes you've posted from that thread just show that some people think she's plain spoken and to the point, whilst others think she crosses the line into rudeness. I've only ever come across one person (coincidentally, on that thread) who thinks she's actually given bad advice.

I would assume anyone posting their employment problems on a new forum would take a few moments to have a look through some of the previous posts and the FAQs on the forum before posting. Of course people will make their own informed choice about whether to post - no-one can make them do it.

chrissyr60

Hi, thank you Tirialou78 for your advice. My employers are well aware that my conditions are covered by the equality act. In fact it was HR who told me that if any suitable vacancies arise via the redeployment pool during my 5 week notice to ensure that I tick the disability box (two ticks scheme). When I replied that I was always unsure as to if I am covered by this, they said I certainly am....therefore they are aware. There was no way that any suitable vacancies were going to arise within such a short period of time and they haven't. Thank you.

Gingernutty

You have to face facts, OP.

The sad fact of the matter is - you could barely do the job when you started, you can't do the job now, it's unlikely that you will be well enough in the near to medium future to do the job and if, in the future, you do become as well as you can be, there is little doubt that you will barely be able to do the job.

It doesn't matter if you are covered by the Equalities Act.

If I, as an asthmatic, attempted to work in a dusty atmosphere (say, a flour mill), did a poor job due to ill health while I was there and then went off on long term sick, my employer would terminate my employment on the grounds of ill health.

It doesn't matter how desperately you want or need the job, it has to be a matter of horses for courses.

You are ill, by your own admission non-compliant with the prescribed medication, simply driving to work worsens you condition and you've been off for over a third of a year.

You have the right to have your conditions (you don't say what they are) taken into account, but that doesn't stop a sensible employer dismissing an employee who simply won't be up to the job no matter how much time they have off to get well. If you are not capable of doing the job required then it is the only sensible way to go.

What have you been doing in the time you've had off? Why were you not looking for something more suitable then?

There are disability advisors available and advice if you look for it.

https://www.gov.uk/access-to-work?gclid=CK-F5Mmn6LYCFbMQtAodBEMA8A

https://www.gov.uk/looking-for-work-if-disabled/looking-for-a-job

http://www.scope.org.uk/services/employment-service?gclid=CNLJkPin6LYCFUfLtAodFDcA6A

chrissyr60

Gingernutty wrote: »

You have to face facts, OP.

The sad fact of the matter is - you could barely do the job when you started, you can't do the job now, it's unlikely that you will be well enough in the near to medium future to do the job and if, in the future, you do become as well as you can be, there is little doubt that you will barely be able to do the job.

It doesn't matter if you are covered by the Equalities Act.

If I, as an asthmatic, attempted to work in a dusty atmosphere (say, a flour mill), did a poor job due to ill health while I was there and then went off on long term sick, my employer would terminate my employment on the grounds of ill health.

It doesn't matter how desperately you want or need the job, it has to be a matter of horses for courses.

You are ill, by your own admission non-compliant with the prescribed medication, simply driving to work worsens you condition and you've been off for over a third of a year.

You have the right to have your conditions (you don't say what they are) taken into account, but that doesn't stop a sensible employer dismissing an employee who simply won't be up to the job no matter how much time they have off to get well. If you are not capable of doing the job required then it is the only sensible way to go.

What have you been doing in the time you've had off? Why were you not looking for something more suitable then?

There are disability advisors available and advice if you look for it.

https://www.gov.uk/access-to-work?gclid=CK-F5Mmn6LYCFbMQtAodBEMA8A

https://www.gov.uk/looking-for-work-if-disabled/looking-for-a-job

http://www.scope.org.uk/services/employment-service?gclid=CNLJkPin6LYCFUfLtAodFDcA6A

you seem to be making assumptions here! 'I could barely do the job when i started' where on earth do you get that from! i had been doing the job for a whole and in fact have been employed by them for nearly 7 years, just in a different role...both office based. Also, as I told them at our last meeting, since January, i would have actually been able to do the actual work, it is the matter that since then I have very limited mobility....according to my MRI scans and physiotherapist, it could be the case of needing an epidural to help ease the agony; this can't be done until I see the specialist and see what he decides to do as I had spinal surgery a couple of years ago and unless entirely necessary, I have been advised against further surgery! I have no say over when I get to see a specialist even though I have been chasing it up between my doctor and his secretary. I am not in the category either of no matter how much time is taken off i wont be capable of doing the job! I previously worked much closer to home for several years but when several of us were made redundant, I applied for this job not realising that the travel would affect my back condition so much...I just felt happy at the time that I was still working. I have asked if my employer could possibly transfer me to another role with less travel but I have had to wait to see if anything came up via the redeployment pool. Nothing has arisen except in the same area and that I now realise could prove to be problematic long term. Again you are making assumptions by asking what I have been doing in my time off and why was I not looking for something more suitable then! I have been looking for more suitable posts and will continue to do so.