Facing dismissal because of asthma


Has anybody ever been dismissed because of asthma? I have worked in the same factory for 23 years and until recently my asthma was very much under control.

About 5 years ago my role changed and my asthma gradually became worse resulting in 999 calls and time off work.

I was referred to occupational health who advised me to stay off work until changes were made or another position was found. I was also sent to a private chest specialist who diagnosed occupationally aggravated asthma and advised me not to return to my old role unless changes were made.

My employer has made minimal changes and cannot find me another position. They are now starting procedures to terminate my employment due to capability.

Has this happened to anyone else, has anybody won an unfair dismissal claim for this?

4 Replies

  • Hi

    as far as i am aware your employer has got to improve your conditions of work reasonably under health & safety and duty of care to an employee. What work are you in?. Also they just cannot sack you without reasonable grounds. My advice would be to speak to ACAS as they are brilliant at this sort of thing. I would also speak to citizens advice and your occupational health again and see what they can push forward. Nowadays the sicknote has changed and your doctor can advise the employee that he/she can return to work if following adjustments are made until then he would prefer you not entering place of employment - also again please check this. It might also be worth speaking to your GP and consultant and get their take on the situation

    good luck and keep us posted

  • Hey there!

    I have a similar problem I'm only just back to work after 6 months off with my asthma..my employer is giveing a bit of stick and is trying to get me dismissed in capability grounds.

    Spoke to my cons and asthma nurse and gp and they have said since my asthma is brittle iam covered under disability legislation.

    So I had a informal meeting with my manager and gave him a copy of the disability act.he has backed off since and is no longer purrsueing because of my sickness.

    Hope u get it sorted :-)

  • Hugs - hang in there!! Can't offer any words of wisdom other than to see of your GP could write stating what you can do and what you need to avoid? Mine did this, employers didn't like it and subsequently after 3 hospital admissions sacked me. I'm a brittle asthmatic and citizens advice have said I have a case for unfair dismissal under the disability discrimination act. Have a look into it and see if if applies?

    Good luck!!

  • I sympathise. After initial diagnosis after pneumonia, every chest virus had me off work. I was ""warned"" verbally that it wasn't acceptable, despite me deciding to go part time which allowed their part timer to go full time. Eventually GP recommended that if I could afford to, to leave as the stress they were putting me under wasn't helping. I was in a position that I could leave & health improved dramatically.

    I made the choice to go, but look into your rights. You can't help what's wrong with you.

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