Forced to resign due to disability - need advice

Savvy_Sue

If you're in HR then you must be aware of other jobs around the university, and I'd definitely recommend applying for anything that's going! Yes, your sickness level isn't great at the moment, but universities can be quite well-networked, so that people may know YOU and be prepared to take a punt.

There will probably be someone along before long who says "this is illegal and you can take them to tribunal and you'll definitely win" but for the sake of your own mental health that's not a battle I'd recommend trying to fight, even if it was true.

But definitely don't resign unless you have another job to go to, and you'll know the policy on references but if you can use someone other than this chap, do so.

Genuineguy03

The employer has to make reasonable adjustments to help and support employees to manage or recover from their disabilities - they have such obligations not just in case law or legislation, but under implied term of duty if care to protect the well being, health and safety of the employee. In this case, their saying they don't want part time workers is unreasonable, there's no reason they can't allow her to work part time or flexi time and employ some one else on temp contract to take up the slack. And I suspect they know this, hence trying to persuade the OP to resign rather than risk potential claim for unfair dismissal.

Due to the above and given its perfectly reasonable to expect an employee may have additional absences during phased return or upon return to work. And given the OP is still capable if doing her job when he/she is at work, then the OP can not be dismissed on capability grounds, when their are alternative routes the employer could follow, such as employer temp contract to make up the hours.

Educational institutions as notorious and in my experience make some if the worse offenders in getting it wrong in employment matters - guess it's to do with there looking down there noses attitude.

marliepanda

Genuineguy03 wrote: »

The employer has to make reasonable adjustments to help and support employees to manage or recover from their disabilities - they have such obligations not just in case law or legislation, but under implied term of duty if care to protect the well being, health and safety of the employee. In this case, their saying they don't want part time workers is unreasonable, there's no reason they can't allow her to work part time or flexi time and employ some one else on temp contract to take up the slack. And I suspect they know this, hence trying to persuade the OP to resign rather than risk potential claim for unfair dismissal.

Due to the above and given its perfectly reasonable to expect an employee may have additional absences during phased return or upon return to work. And given the OP is still capable if doing her job when he/she is at work, then the OP can not be dismissed on capability grounds, when their are alternative routes the employer could follow, such as employer temp contract to make up the hours.

Educational institutions as notorious and in my experience make some if the worse offenders in getting it wrong in employment matters - guess it's to do with there looking down there noses attitude.

There is no requirement to hire someone else to ‘pick up the slack’ after a phased return. It is also not ‘expected’ for someone to have additional absence during a phased return! They are already doing ‘less’ that their contract.

It is very clear OP is not capable of reliably doing the job. But again, you just post an opposite opinion it seems... you must have such a successful job at keeping people their jobs with the way you are posting on here. I’m surprised you have the time to even post...

sangie595

Genuineguy03 wrote: »

The employer has to make reasonable adjustments to help and support employees to manage or recover from their disabilities - they have such obligations not just in case law or legislation, but under implied term of duty if care to protect the well being, health and safety of the employee. In this case, their saying they don't want part time workers is unreasonable, there's no reason they can't allow her to work part time or flexi time and employ some one else on temp contract to take up the slack. And I suspect they know this, hence trying to persuade the OP to resign rather than risk potential claim for unfair dismissal.

Due to the above and given its perfectly reasonable to expect an employee may have additional absences during phased return or upon return to work. And given the OP is still capable if doing her job when he/she is at work, then the OP can not be dismissed on capability grounds, when their are alternative routes the employer could follow, such as employer temp contract to make up the hours.

Educational institutions as notorious and in my experience make some if the worse offenders in getting it wrong in employment matters - guess it's to do with there looking down there noses attitude.

This advice is exceedingly dangerous and should not be depended upon. The OP most certainly can be fairly dismissed on capability grounds and it is rank stupidity to suggest that they cannot.

Advisors who know nothing at all about employment law are also notorious - on this site. Telling people what they might want to hear is taking risks with someone else's job. It might be "fun" for those who have a perverse sense of humour, but I can guarantee that it isn't fun for the people who end up in trouble at work because they rely on advice that is patently wrong.

I advise everyone to join a union or take out legal insurance. This forum cannot be relied upon.

Genuineguy03

I suggest you do some research into reasonable adjustments and when a mental or physical condition amounts to a protected characteristics. The employer has already reduced the employees hours, yet won't agree to reducing days, so they part way there. But not quite there yet.

ohreally

Andromeda14 wrote: »

I joined the union but you have to be a member for 4 weeks before getting their advice

You don't say which union, there may be a self organised group (SOG) for disabled members, find out if there is and if so make contact with them and enquire if they can offer assistance.

marliepanda

Genuineguy03 wrote: »

I suggest you do some research into reasonable adjustments and when a mental or physical condition amounts to a protected characteristics. The employer has already reduced the employees hours, yet won't agree to reducing days, so they part way there. But not quite there yet.

Double post

marliepanda

Genuineguy03 wrote: »

I suggest you do some research into reasonable adjustments and when a mental or physical condition amounts to a protected characteristics. The employer has already reduced the employees hours, yet won't agree to reducing days, so they part way there. But not quite there yet.

If you read the post they have not agreed to reduce hours, the reduced hours are the phased return hours.

There is no agreement for reduced hours, therefore no 'partway' to reduced days.

nicechap

marliepanda wrote: »

If you read the post they have not agreed to reduce hours, the reduced hours are the phased return hours.

There is no agreement for reduced hours, therefore no 'partway' to reduced days.

Spot on.

More misleading and false hope from the 10 years experience on other forums.......

Ozzuk

If you have a requirement for a full time HR position, I don't see anyway it would be reasonable to change that to a part time role and 'pick up the slack with temp workers'. Additional cost, time for training, time for selection, high turnover, IR35, risk to company...no way would it be reasonable to insist a company does all that.