Dismissed for emphysema

[Pd68]

I worked for a company for 2 months as a glass cutter. Wearing a face visor restricted my breathing because of the coolant mist but only gave me a tight cramping in the chest. Told employers after a week. Suggested I just wore saftey glasses ok for a few days then told I had to wear. Only suggestions made to bring in a filter mask and I said I would try anything. Weeks went by I asked about what was in the coolant so I could ask doctor if this was making me uncomfortable. They put extractor over machine for I afternoon then on the Monday dissmissed me letter said because of my Emphysema and if I had mentioned it interview they would have deemed me unsuitable for the position.Spoke to ACAS and waiting for a concilldator to call me. Any thoughts if I have a case for being dissmissed due to lung condition without even being off sick once during this time employed there

[Bevvy]

I am doubtful there is much you can do because employment was only for 2 months. The current government is talking about workers having rights from day one of employment but that won’t help you now.

I think it’s sad they dismissed you as they did but ultimately I think on grounds of health and safety they would have a case. You can request reasonable adjustments under Equality Act but again if they had concerns that you couldn’t meet health and safety requirements then am not sure if that would make much difference.

[Biggles550]

They didnt dismiss you for having emphasema that you didnt mention at interview.

They dismissed you because they couldnt accomodate the protections required for Glass Cutting combined with your emphasema.

I think youve been unfair to the company involved , and your compounding this by looking for a payday.

Your not doing anyone that has disabilities and looking for a job any favours.

[Pd68 in reply to Biggles550]

My point is I was open to wearing alternatives and they only made suggestions and moaned about the cost. As far as healthy and safety goes they seemed fine with all of us not wearing face masks for a week. You are not required to mention any disabilities in interview as they agreed with me in there long reply. My problem with them is I never had any sit down meetings about any issues I had, never asked about my condition, never had any sick leave did the job aswell as anybody else. If they were that conscious of h& s they had a guy in glass blowing with no safety glasses go to hospital with glasses in his eye. My condition even when wearing mask didn't prevent me doing the job just made then aware it's was uncomfortable but willing to work through it.

[Turnipgirl in reply to Pd68]

Nowadays you dont have to tell anyone anything at interview about health if you don't want to!

When a job gets offered then fair enough they ask about health!

I remember years ago with the application forms they would have health forms as well which nowadays is illegal.

[Pd68 in reply to Biggles550]

And as for looking for a payday that is not my objective. I simply feel it was unfair in the way they handled all aspects and my dismissal on the shop floor. With I have some bad news for you and I don't think you would work with a resperator mask on anyway, but it's a shame and here's your letter. No warning and after working the whole morning.

[PaperQueen]

It's a difficult one, but as someone who was responsible for putting the company's Health & Safety documents together I have to come down on the side of the company on this. It was obviously not the kind of job you should have been doing with a lung condition and you should have told the employer at the interview. You were not able to follow their H&S guidelines, ie: wear a face mask, so you cannot hold them responsible. Sorry.

[Pd68 in reply to PaperQueen]

Point is I wore the mask then they suggested I didn't then they told I had to. Yo which I complied with. So you tell me what I did wrong then. As for I shouldn't have been a job like that with that condition is also not true. As I have worked with coolant for years and never had a problem. Things changed when Iall I did was ask about the ingredients in the coolant and why we were watering it down even more to save money

[PaperQueen in reply to Pd68]

All I can suggest then is that you talk to a solicitor and take advice. Maybe you could approach Citizens Advice as a first port of call? I'm no expert so please don't take my first response as law. I am not unsympathetic and can well understand the frustration you feel. Good luck.

[anng18]

Hi Pd68,

I don't think you have a case, but just wanted to say how sympathetic I am towards your predicament. I unfortunately cannot do my job anymore due to emphysema and it is terribly frustrating, after all the experience and training I went through. It is also so difficult to find an alternative career.

I know this is not a very helpful response, but just wanted you to know you are not alone.

[Germantara]

If you knew you had you're health problem and didn't tell them before starting the job yes I'm sure they can dismiss you because they will say you with held information but if you were already employed before you knew its up to you're employer to accommodate you the best way they can

[Turnipgirl in reply to Germantara]

Thing is if they don't know you have health problems then they can't do anything for you!