Dismissal for long term sickness with a disability

Nells

Chronic illness class under Equality Act 2010 as disability and was off sick then shielding came in but was still sick so couldn't go back.  However did tell them that I would be back when fit note ended but before I even got a chance they dismissed me.  Have appealed as they never explored all reasonable adjustments, ie did not discuss/offer alternate hours, part time, different job.  Want to take them to tribunal but now they have come and said let's discuss redeployment.  Can they do that after dismissal?

Xbigman

Yes. You appealed your dismissal and this is their response so of course they can do it. In fact it's what you asked for. 
If a compromise is reached and you return to work make sure you get paid for the time from when you were dismissed to the day you returned to work. Don't get fobbed off with being told you were sick during that period.

Darren

Undervalued

Nells said:

Chronic illness class under Equality Act 2010 as disability and was off sick then shielding came in but was still sick so couldn't go back.  However did tell them that I would be back when fit note ended but before I even got a chance they dismissed me.  Have appealed as they never explored all reasonable adjustments, ie did not discuss/offer alternate hours, part time, different job.  Want to take them to tribunal but now they have come and said let's discuss redeployment.  Can they do that after dismissal?

Was the employer formally made aware of your disability (or was it something so obvious that a non medically qualified employer must reasonably been aware)?

If so, and assuming you are correct that it is a disability (for employment purposes) then yes, the employer is legally obliged to consider "reasonable adjustments".

However that does not mean you cannot be lawfully dismissed if the adjustments necessary go beyond what is reasonable.

What constitutes a "reasonable adjustment" obviously keeps employment lawyers in fees. They do not go as far as many people fondly imagine. The fact that many "decent" employers actually go far further in this respect than the law would require sometimes makes people think there are greater rights than is actually the case. "Alternate hours, part time, different job" may be reasonable adjustments but it all depends of the circumstances. Also, if such adjustments were made, could you then do your job to the required standard and with similar productivity to an able bodied employee? Or would further adjustments be needed in these regards?

You need proper legal advice, this is a complex area.

JamoLew

Because its not been mentioned yet - Union ?

Diamandis

How long term is long term? Did you or your doctor ever suggest any reasonable adjustments to them? Are you now able to return to work?