Job Termination on medical grounds

[Kirsty131]

So further on from my previous posts, I finally received a letter this morning to attend a formal hearing with intent to terminate my contract on medical grounds. I currently fall under the equality act 2010. Any advice?

[Hidden]

I don't know if there is anything on here of any help. nidirect.gov.uk/articles/fa...

[Kirsty131 in reply to Hidden]

They haven’t even offered reasonable adjustments!

[Hidden in reply to Kirsty131]

They are supposed to try and accommodate you in another role more suited to you IF they have a position. Also have they suggested cutting your hours, offering you a phased return etc.

My husband is a manager for a big well known company and all avenues have to be explored within the company to help you as much as they can before they decide to terminate a contract. The company he works for only terminates contracts when all other attempts to find a satisfactory solution for both parties have been exhausted.

They are well within their rights to finish you if you aren't able to do your job as per your contract but they should really have gone through other procedures to see if there are other solutions first.

[Kirsty131 in reply to Hidden]

The only thing my cardiologist has asked me to refrain from until I have had further heart tests is heavy lifting and the 15000 steps a day I was doing but I can do anything else eg: paperwork,sales, answering phones and serving customers but they have gone straight in with the hearing with intent to terminate my contract. Feel very alone and vulnerable as I’m the only bread winner in my home.

[HarryBell in reply to Kirsty131]

are you a member of a trade union or organisation?

[Kirsty131 in reply to HarryBell]

Yes, I called them yesterday but haven’t heard back from my rep yet and as the hearing in next week, I feel I’m running out of time Harry.

[Shar28]

Hello, there are a few sources of information starting with your work HR department if they are a big company or a Trades Union if you are a member. Alternatively, does your house insurance or bank account have a legal cover?

I also found information on the Citizens Advice Bureau website

citizensadvice.org.uk/work/...

The UK government website

gov.uk/dismissal

Hope this helps.

[Lynntaylorsmith in reply to Shar28]

This is illegal!!!! Call ACAS immediately and they will help even if you aren’t in a union .

[iandeare]

My employer, was in breach of my contract on two incidents, legal advice (via membership of a professional institute) and advice from the Company who replaced ACAS (via CAB) was to basically make a formal complaint, resign, and sue for constructive dismissal. I approached my Trade Union with the intention of threatening to pursue such an action unless the situation was resolved. By this time my income had ceased completely, and I was approximately £3000 out of pocket. I was reinstated, however the mismanagement continued, and I was working for two months before I was paid! By which time my savings account was barely solvent. I have subsequently received a fraction of my outgoings, and I am back on the payroll, and full-time employment. This has been an exhausting, exasperating, and expensive event for me, and I found my Trade Union considerably short on help (and I am an ex senior Trade Union Officer, so I have some knowledge)

Not much help for your situation, I'm afraid, but I'm back earning again, and I wish you the same, or even better success in your own fight.

[Kirsty131 in reply to iandeare]

Oh no! I’m glad your ok now, I have no savings to fall back on and no family to help just my young son and my retired mum, I’m absolutely petrified as I will lose everything, I feel I’m being punished for having heart problems. I’m willing to work it’s just my cardiologist doesn’t want me working at the fast pace I was until I have had further heart tests but they haven’t even offered adjustments or options! It just goes to show I gave them my all and they just disregard you like a rusty number!

[iandeare]

As they say here in N E Scotland - Arrabest! (All the best (wishes)) you do need your care team behind you so you may need to push a bit for the fitness tests 👍

[HarryBell]

Maybe tell your employer that you believe they are in tort of contract and you view their proposals as constructive dismissal- while you get your union working for you. Also write saying that you will look at other proposals to switch your work to different (same level) duties to accommodate their concerns?

Be firm but reasonable.

[Kirsty131 in reply to HarryBell]

Thank you Harry, this particular HR company have been brought in and I’m not the only person this has happened to, this is the same HR I have just found out went into House of Fraser who are on the news this morning. Ruthless!

[Hidden]

Without knowing the full tale and what job you do it’s very hard to comment constructively, but as a qualified HR Officer, a couple of things spring to mind:

How big is the company you work for? Whilst they should make reasonable adjustments under the EA, business need *is* still a valid issue - smaller companies struggle here compared to larger organisations, and are therefore generally more likely to take the capability route as is happening to you. If the role you are working in requires you to carry out actions you are unable to perform, then legally they can look at terminating your contract on the grounds you are unable to do the job you’re contracted to do, particularly if there is no suitable role you could be redeployed to. They should have asked for permission to obtain a report from your consultant though, or arranged for you to be seen by an occupational health service. They *cannot* unilaterally decide you aren’t fit to work in the role you’re in without medical evidence.

What’s your absence like? Are they looking to terminate you purely on health grounds, or are your absence levels a factor?

I disagree with the idea of resigning and pursuing constructive dismissal for a number of reasons, but primarily because I don’t have enough information to know whether or not you’d have a leg to stand on. However, if you were terminated on the grounds of capability and you felt it unreasonable, AND you’ve been employed with them either since before April 2012 or you have 2 years’ service or more with them after that date, then you could take them to tribunal and claim unfair dismissal. If you don’t have 2 years’ service yet, that may well be why they’re looking to terminate, as employees have little to no recourse. It’s a ‘low risk’ termination from an employer’s point of view. If you don’t have 2 years, then the only grounds to dispute it you could raise are disability discrimination.

Have you contacted ACAS? If not, that would be my first point of call - they’ll be able to give you advice specific to your particular circumstances.

Hope that’s been of some use, and good luck.

[clarehealsworldwide]

Wishing you the very best of luck. Clare

[stevejb1810]

I have seen all the replies here and unless I missed it somewhere, my advice is not to go into that meeting with your employers (or the HR company) on your own. If you can, take your union rep, if not take a friend - someone who will be able to confirm/witness the conversation and give you a bit of support. Usually, external HR companies know their stuff so they will probably feel that they are on strong ground in this instance - no company likes being taken to an employment tribunal, so they will have done their homework. You need to do the same - do as much homework as you can. Know what your employment record looks like (annual reviews if you have any, absence record etc.). Try to be objective and try not to be emotional - they will only be interested in the facts and not the person.

Good luck

[sandrann]

Sending you hugs and more hugs Kirsty..wish I had a magical wand for you to use..hugs x

[Geoff51 Heart Star]

Have a look at the BHF booklet 'returning to work after a Heart Attack' i am slightly biased because my story is in it but it has helpful info about your rights and procedures concerning your employment following any heart incedent. I had to see my company health officer to discuss my return to work as a baker, I was offered light duties, but having been a baker all my life I thought sod it if i cant manage it I at least I will have tried. yes I got tired quicker, yes i got short of breath occaisionally. At the end of the day I managed to carry on for the next six years until I retired in Oct 2016 and dont regret my decision. You may be able to reach a compromise with your employer rather than going down the official route, if they are a large company they would have to accommodate your needs as mine did.

[Kirsty131 in reply to Geoff51]

Thank you Geoff, like you I just want to get on with things but it was the company that sent me home and wouldn’t let me return and that was six months ago, I have tried to return numerous times but was always sent home or told I couldn’t by occupational health. Very frustrating.

I will take a look at your story as your famous 😊 wishing you a long happy healthy retirement 👍

[lisburb]

Good luck Kirsty. Without giving any names or numbers away, what line of work are you in? They cannot terminate your employment on a whim. They cannot terminate your employment because you have had heart surgery or a procedure which means you have to take time off work to recover. Please take in a witness or friend or work colleague or union rep to the meeting, dont go in alone, it is not a nice process believe me. If things do not go in your favour, ask for time to consider your options. Dont rush, you want what is best for you. Like one of the other repliers said, know you employment record, absence off work, time keeping, previous disciplinaries or records of conversations, annual appraisals etc. It all gets looked at.

All open heart patients have a minimum of 8 weeks off to recover, by law yourself and your line manager should have been in weekly contact, to see how you were and nearing the end of your time off, talk about your return to work, which should always be a phased return, to get you and your company used to you being back in the place of work. Of course adjustments need to be made, your Consultant would not let you return before you are fit to do so in his eyes, and they are strict. Your employer can organise lighter duties, give you different responsibilities etc (plus side of this is other team members get to be trained on different roles too) you have experience, as a member of a team, which should be working with you and to support you not the other way around. if any of my colleagues went through what I did I would be more than willing to help. God forbid if the same thing happenned to these HR Consultants, I hope they dont come up against someone as nasty as themselves, if they were in the same position as you. Maybe having serious surgery and its recovery should be seen along the same considerations as having a disability. But it isnt and so many people are written off in the world of employment, as recovery is not as simple as putting a plaster on it and waiting a couple of days for it to heal. Everyone has lots to offer the place of work. However along with all the great Managers there are out there, there are an equal number of bad ones who basically cannot do what their job title suggests, Manage their team. However, we all have to adjust during our lifetimes to some good things and some bad. Maybe a change in your line of work is required. However employers need to sit down with employees in a nice way, not a formal tribunal and discuss. Most people will be honest and if they cant do a job because it involves lugging huge boxes round or moving large amounts of weight each day they will admit it to themselves first, you do then have to move forward and embrace that change. Good luck, let us know how you get on.