Local Authorirty Return to Work /Disability

Space_Squirrel

Hi All,
I work for a Local Authority and have MS. 6 months ago had a stem cell transplant and am due to return to work shortly.

I have been employed here for 15 years in a role that has a physical aspet to it, after my diagnosis ( 2 years ago) my managment moved me to an office based role and put an honorarium in place to comensate for the increased responsibility.

As my full sick pay is coming to an end I need to return to work (OH have suggested a phased return over 8 weeks). I have however discovered that the role I have been performing has been filled on a permenant basis while I was away and my management expect me to return in the more physical role (which includes activities that could be detrimental to my new immune system) , physically I am not able to perform my original role.

My concern is that I will be dismissed on capability grounds after failing to be fit enough to perform the physical role. I am looking for some advice regarding what the LA are allowed to do and how I may persuade them that they should find me an alternative less physical role.

I have an appointment with ACAS and I am a memeber of a Union however my previos experience was that the local representative is not very responsive.

Appreciate any thoughts ands suggestions

sangie595

Ok, Well the fact that there was an honorarium in place makes the position clear - it was a temporary secondment, and not a permanent new role. Therefore, your substantive post is the job that you have and have always had.


You are entitled to ask for reasonable adjustments which may involve amendments to your current role or redeployment to a suitable role. But that depends on whether that is possible. The best way to persuade them is for the union to argue your case. There is no automatic legal right to anything except your existing role - whilst a large employer, reasonable adjustments in the current climate may not be as easy as they once were. In which case it would, as you say, have to go down the capability route. It is unlikely that your condition would qualify for ill health retirement because that generally covers inability to do any work, and that is clearly not the case.


I'm not sure which union you are in, but many have a specialist officer or official dealing with disability - you could ask. Many councils also have some form of self-organising disability group who will have a great deal of insight into the operation of policies and the key people who may be able to help.