Employee constantly keeps on complaining about back pain

dori2o

Jordo wrote: »

If they are under two years' employment they have next to no rights I'm afraid and can be let go at any time.

They do have the right to protection from discrimination, and in this case, if the employee has a long term condition that significantly affects their day to day life then it could be viewed as a disability and covered under the EA2010 (Equality Act). If the employer just let this person go because of their sickness absence and on the basis of the gossip, then the employee may have a case to claim against the employer for disability discrimination.

dori2o

Jordo wrote: »

It's not discrimination - if the person can no longer fulfil the duties set out in their contract they they have signed they can be let go. Simple employment law.

It's not that simple if the condition is covered under the Equality Act as a disability.

If this is the case then the employer has an obligation to look at/make reasonable adjustments to help the employee manage their condition whilst at work and to be able to fulfil their duties.

Jordo

Yes, but we're assuming the guy is registered disabled - then he would have a case. But from the notes in this thread he sounds far from disabled.

makeyourdaddyproud

Sometimes the only solution is sack them regardless, and maybe everyone else.

If you get taken to court, shut the business down.

Start up again with a more robust sickness policy. Newly employed will now have less than 2 years service. No redundancy potential either.

Following the advice above would be more ethical, but not for your pocket unfortunately.

I have zero patience for this kind of mickey taking.

Nicki

Jordo wrote: »

Yes, but we're assuming the guy is registered disabled - then he would have a case. But from the notes in this thread he sounds far from disabled.

Hasn't been any such thing as "registered disabled" since 1995!

lemontart

ask for permission to right to their dr for a medical report