British Lung Foundation
33,731 members41,200 posts

Employment Rights, if any?

Hi,

Due to an earlier post I have spoken to my GP and new consultant who have said I am not fit to fly. I have had to tell my employer this as its a fundamental part of my job. I honestly did not know this would be the case but it is what it is.

Discussions are now taking place but if they cannot accommodate me in another position/role I have been told my contract would be terminated? If so where do I stand with this. I did not have to declare my illness on application of the job as not in the public sector.

Cheers

13 Replies
oldestnewest

Hi sorry to read about your issues IF in uk this law can look up ... Its Disability Discrimanation and comes under equality act 2010.

If in USA i guess have something similar under heading.

Worth a read and thats bout as much as i know

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Please ring the helpline number 03000 030 555 and speak to an advisor before things go any further.

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The Equalities Act doesn't give 100% protection against dismissal, just the right to reasonable adjustments. If your job completely relies upon being able to fly (& they should consider adjustments such as Skype meetings) & there is no other job available to you, then unfortunately they may well have the power to end your contract.

A lot of companies will jump straight to the 'well you need to do A & you can't so that's that', without proper consideration of alternatives. If they fail to give full consideration to all reasonable possibilities then you will have a very strong case.

If you are a member of a union, talk to them now. If you aren't, I'd join one.

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hi bilbo, how long have you had this job for? i got to reading your other posts and you was asking members on advice about questions on an application form...is this the job you was asking about?

if it is , you had this job for 2 or 3 weeks!!! and in that time you been to see your new consultant who told you that you can not fly.

this this truely very bad luck for you..and your employer.

did you have a test to fly or was the new consultant going on your condtion was to bad to fly now.

sorry if am asking to much, just that i dont really understand how you got the job in the frist place.

anyway what ever happens i wish you well .

good luck.

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I have only been in this job since beginning of March, the other question was about me applying for another role. I honestly did not think flying would be an issue as I researched everything before applying and accepting the role. My GP looked at all my notes and because Colchester general is a complete joke, I totally understand why I would not be able to fly. I am honestly gutted as I do have a young family and now this..FML

I find out Friday if there is another job within the company but I highly doubt there is due to cuts that happened 2 months after I started. I am expecting to get the boot and like others have said I agree there is nothing that can be done.

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well am very sorry this has happen to you.. especially sorry that you have a young family to support. hope you get another job soon.

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Cheers, it is what it is, interview this evening so hopefully this will come off. This one has no flying lol!!!

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Hi if you have been in this job less than 2 years I don't think there is much you can do. If over 2 years then you do have more rights. Why not give ACAS a ring?

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That's what I thought when reading up on this and having spoken to ACAS, same story really.

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Sorry to hear this.

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Hi

Sorry to hear this. Your employer must consider reasonable adjustments and consider alternative roles and have reasonable discussions with you. I would get proper advice before agreeing to anything. Good luck

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On whazt grounds are you not able to fly.

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Even though you've been employed less than 2 years, your dismissal still has to be fair in law. I believe that one of the legal criteria for an automatically unfair dismissal is discrimination on equalities grounds, although I would recommend you speak to someone qualified in the field to understand practically what that means.

That's still a tough test as their defence is likely to be there were no reasonable adjustments available, but your rights not to be discriminated against exist as a UK citizen, not as an employee.

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