employee no longer fit for work - what to do??

yas212

hi guys,

So we're a small company of 6 people in total. We have only have one guy in the warehouse, who has been working here for 12 years. He's in his late 50's now, he doesn't take great care of himself, and he's recently been in hospital for 3 weeks. Not sure exactly what his sickness is, but I've been told it was pneumonia.
He is definitely not fit at all for the job anymore, as it involves heavy physical labour which he was struggling with even before he went into hospital. We've often had to employ temporary help, but as a small business we can't really afford to do this constantly, and if there isn't anything else we can give him to do within our organisation.
What is the best steps to take? Do I need to access his medical notes? Which organisation is best to speak to for advice? Any help is greatly appreciated.

Takeaway_Addict

You probably need to look at a capability procedure or performance managing in dismissing him but this does take time and does need to be done correctly and fairly and you need to accept that he could actually end up being capable or hit teh targets etc.

I would strongly suggest you join a company that offers legal/employment advice and get their guidance. They will be ultra cautious and you will have to push them to do things more risky but they will more than likely stop you ending up getting a major claim against you in an employment tribunal. They could also help you make sure you are compliant in other areas of employment law etc.

Takeaway_Addict

yas212 wrote: »

hi guys,

So we're a small company of 6 people in total. We have only have one guy in the warehouse, who has been working here for 12 years. He's in his late 50's now, he doesn't take great care of himself, and he's recently been in hospital for 3 weeks. Not sure exactly what his sickness is, but I've been told it was pneumonia.
He is definitely not fit at all for the job anymore, as it involves heavy physical labour which he was struggling with even before he went into hospital. We've often had to employ temporary help, but as a small business we can't really afford to do this constantly, and if there isn't anything else we can give him to do within our organisation.
What is the best steps to take? Do I need to access his medical notes? Which organisation is best to speak to for advice? Any help is greatly appreciated.

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ohreally

yas212 wrote: »

Not sure exactly what his sickness is, but I've been told it was pneumonia.

He is definitely not fit at all for the job anymore, as it involves heavy physical labour which he was struggling with even before he went into hospital.

Firstly, avoid making assumptions, you should communicate with your employee to establish the state of play.

Since you were aware he was struggling with some physical aspects of the role, did you take steps to address this - personal manual handling assessment?

Are risk assessments suitable and sufficient and reviewed/ up to date?

Is there really no prospect of reasonable adjustments being made such as part time assistance in the warehouse, mechanical aids to manual handling?

Do you have occupational health available?

theoretica

yas212 wrote: »

Do I need to access his medical notes?

Are you medically qualified?

Marktheshark

I would read the disability discrimination act.
Unless his job description and contract states physical labour, you have to make a reasonable adjustment.
A clam under disability discrimination will bankrupt the firm .

NewShadow

First, I'd recommend having a chat with him. You shouldn't be pushy, but there's nothing wrong (and a lot right) with just having a conversation over a coffee.

You really should have a return to work meeting after he's been ill anyway - it's just good practice for you to check he's now fit and ready to be back. It doesn't have to be a big thing, but you can mention that you are aware he was sick, and you're concerned about the physical elements of the job.

Assuming his entire job isn't shifting boxes, I assume he performs the other elements of his role acceptably?

You can mention that you've had to take on (younger) part time staff to cover some physical elements of his job previously, and that given his recent ill health, you wanted to have a friendly and frank discussion about work going forward.

Depending on how the conversation goes (if he looks like a deer in the headlights stop talking) there are a few options I can think of off the top of my head:

It could be that after this period of sickness he would want to go part time or reduce his hours a bit - allowing you to hire an 'apprentice' for him to train up.

Or perhaps part of his job is more stock management than physically loading, and there's enough of this work to put him on it full time and move someone else on the team to the heavy stuff?

You can't push him into this, but it can work really well - my dad got a job with a delivery company after he retired, and he found that 7 till 11 worked really well for him and the business - opening up, accepting deliveries, stock check, putting together orders, and planning routes. Someone else loads the trucks, and sometimes he delivers them, sometimes he doesn't.

Finally, as has been mentioned, is there anymore equipment that could help? I assume you already use sacklifts, but there's a range of kit out there to help stockroom management. It can help reduce fatigue and injury for everyone, not just older people.

Either way, don't just go to him and say he's underperforming and here's a performance improvement plan - Talk to him. It could work out best for you both if you get to keep his knowledge and good will.

sangie595

yas212 wrote: »

hi guys,

He is definitely not fit at all for the job anymore, as it involves heavy physical labour which he was struggling with even before he went into hospital..

One other consideration is to ensure that you are acting appropriately in relation to good health and safety. He may be "getting older" - but are your expectations of someone's physical strength appropriate? Just because a younger person may be able to manage the physical demands better (and there is no real guarantee of that) the question I would ask is "should anyone be doing this work?". Doing heavy lifting on a regular basis may not be safe for anyone, and that younger person that you thinking is better able to manage the job of lifting might just be suing you in a few years time for the damage that the job has done to them!

Takeaway_Addict

theoretica wrote: »

Are you medically qualified?

Just as well you don't need to be medically qualified. An employer as I am sure you know can get access to medical records with the agreement of the employee. If the employee refuses they only make it easier to dismiss them

Takeaway_Addict

Marktheshark wrote: »

I would read the disability discrimination act.
Unless his job description and contract states physical labour, you have to make a reasonable adjustment.
A clam under disability discrimination will bankrupt the firm .

OP most of this is rubbish, a disability discrimination COULD bankrupt you if you lose but it is more unlikely.

The bit about stating physical labour is laughable.

One bit that is correct is the bit about making a reasonable adjustment but this doesn't apply to just things that are written down. If your member of staff has been doing something regularly then this becomes part of their role and even if not written down might need a reasonable adjustment made.

However, I will point out reasonable applies to both parties, not just the employee. For example it might not be reasonable to hire another member of staff part time due to costs but it might be reasonable to pay a one off cost for lifting equipment.

tomtontom

I wouldn't be assuming this chap qualifies as disabled, at least not without further information. A lack of strength and not taking care of yourself is not a disability unless there is an underlying/ longer term medical issue causing it. That's not to say it is not a consideration, just that it shouldn't be the overriding one.

Given the chap's length of service I would agree with T_A, you would benefit from the input of a HR advisor to help you manage the situation.