I recently lost my job on the grounds of capability due to ill health despite the fact my employer was fully aware of the fact that I had ME

I was seen by occupational health on several occasions and they made a number of recommendations to my employer that should have been regarded as reasonable adjustments, however my employers told me that recommendations didn't have to implemented because they were just recommendations. has anybody else experienced similar problems?

3 Replies

  • Hi, armadillo37

    That doesn't sound right to me. They should really take on board the occupational health's recommendations. I was told if the occupational health said I was fit for work that I'd be getting disciplinary action. They must have some say. Maybe employers just value their option when it suits them. You should try citizens advice they might be able to help or you could get back in touch with the occupational health and enquire about it, I'd definitely question it!

    Good luck.

  • acas.org.uk/



    Have a look at all of the above. Also I wonder if your GP could have given HR a written letter. Im not an expert...but I am dealing with sickness at work myself and doing all I can. Perhaps this could help... especially dls charity. x

  • You should get some legal advice certainly.

    Whether the "recommendations" were indeed "reasonable adjustments" depends on a lot of different factors.

    The nature of the role, the size of the business, the specific nature of the adjustments recommended.

    If you have a recognised disability then they should really be able to evidence that they have properly explored and considered all options and possible adjustments, not just dismissed them out of hand, before going down the capability route.

    If they can't show this then you might have a case to take to a tribunal.

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