My boyfriend's CFS and chronic back pain

[Hannah221b]

I'm really worried right now because the company my boyfriend works for has given him an ultimatum, to either work his current job on a zero hours contract or to quit. I find it really strange because they're pretty much proposing this on the basis that his health is at risk, but they already knew everything about his CFS and back pain when he applied and accepted the job.

I'm worried about the legality/ethics of them effectively giving him an 'its our way or the high way' ultimatum at this point in the job. He's capable and hasn't taken nearly as many sick days as other people in the same role as him at the company.

I'm worried what to think about it, especially in terms of him wanting to go on to another job and how him 'quitting' or leaving a job on kinda shady health terms will go down when he applies or interviews for another job.

Any advice would be much appreciated. (Living in the UK (England), btw)

[Bananas5]

Just taking some legal advice before I reply. You certainly can't dismiss someone on disability grounds.

Back in a mo

x

[hypercat54 in reply to Bananas5]

Sorry but yes you can. They don't call it dismissal because of illness or a disability but refer to it as not fulfilling your work contract by being at work. It happened to me when I worked at the DWP. x

[Bananas5 in reply to hypercat54]

Dismissed Because of Disability, Ill Health or Injury. Your employer is not allowed to discriminate against you because you've got a disability. To be protected against discrimination for a disability, you must first show that your condition meets the criteria for the legal definition of disability.

x

[hypercat54 in reply to Bananas5]

No they aren't and under The Health and Safety Act at Work in the UK if they know or reasonably should have known about an employees disability they have to make what are called Reasonable Adjustments. These could be extra sick leave, more breaks, shorter hours, different job if available etc. As long as your employer does these they are complying with the Act.

Bear in mind however that Reasonable Adjustments are always subject to business needs and if the RA's don't help or aren't enough they can claim the employer can't meet the needs required. On that basis the employee can be legally dismissed due to not fulfilling their work contract.

Whether or not you are covered by the Disability Act is irrelevant - you can of course take them to an employment tribunal but it is unlikely you would win if the employer has followed the law.

I went through this with my employer the DWP and sought legal advice. I was told because my employer had given me RA's, Stress Risk Assessments, Occupational Health Appointments etc. my chances of winning would be less than 40%. The DWP said if I failed then they would pursue me for costs which is completely legal.

[Bananas5 in reply to hypercat54]

Yes know about reasonable adjustments etc.

Think in this case zero hours contracts v DWP for you all miles apart.

Think I am sort of agreeing with you!

If employer knows you have poor health before you start working it is very cruel to then sack you for not keeping up with your work.

But he hasn't been sacked...yet.

Employers don't always ask about health, disability or how much time you have off but if they do...you have to tell them.

And when all this is sorted...along comes UC to mess up completely!

x

[hypercat54 in reply to Bananas5]

Since when did employers care about not being cruel? If a company ask you whether you have a specific illness you have to answer truthfully of course. But if they ask you whether you have a disability which could affect your employment and you don't think you do then say no.

[Hannah221b in reply to hypercat54]

My boyfriend told them in detail about how CFS and flare ups of back pain could affect him with the physical aspects of work. He told them this during application stage when there's a 'declaration of disability and need for reasonable adjustments' and during the interview and reminded them of it during his probation meeting after 3 months in the job.

[hypercat54]

Hi I think if his sick record is ok then he has nothing to lose by taking a new job with a proper work contract. I think leaving a job due to an zero hours contract is a perfectly acceptable reason to look for a different employer.

Is he in a union? Are the changes legal and has he checked this out?

I wish him luck. x

[kohai]

Hey Hannah,

Can't chat long, not dressed, can't even sit up due to spinal pain and O.T/Soc worker due in half hour on first visit.

Instead of all the back and forth with all the "can they do this", I'd strongly recommend you go with Bananas5 and get him to see a solicitor. Usually, working or not, the first appointment is free. Its up to him then what to do with the advice hes given. But if he's suffering, as you say, then suggest you go with him. If hes in pain while their, and loses concentration on what hes being told (because of his pain level) he may need a second pair of ears.

Best of luck x

[morphalot]

I would definitely refer to a solicitor in a free first appointment. Then he knows exactly where he stands. I was dismissed after being off sick with spine operations for a year. My employers had been very good with me until then. I used to be a manager myself and could have told you straightaway what the issues and employee rights are but things change very quickly in employment so I wouldn't want to give you our of date information. The other option is to ask his Union rep if he has one. Or the ACAS website has a lot of information. And there's always citizens advice who have lawyers waiting to take your call. You're not alone! X

[saj01]

Hi Hannah... sounds to me that regardless of his health problems his employer is changing his original contract of employment. Not sure if they can do that, although the zero hours contracts are becoming more common.What the differences are between the two contracts obviously your boyfriend will know. I'm wondering if this could be a form of constructive dismissal.... if given his health problems, it would be detrimental. They should have told him this officially in a letter... not just verbally.

First port of call citizens advice bureau... they would tell you where he stands and if there's a case to answer. Good luck

[Hannah221b]

Thanks for all the advice - I'm going to look into some legal advice or seeing CAB about it. At this point though my boyfriend is basically raring to go to find a new job while sorting out the hours/contract at the moment. He's working his normal hours for another two weeks as far as I know, but I'll see what advice I can get in the interim.

(And yes, he explained all of the issues regarding his CFS and back pain at the earliest chance, and that he may have to go for medical appointments from time to time but not drastically.)

I'm mostly just helping him finding another job that would suit his needs/ability and a company that treats their employees better.

[Hidden in reply to Hannah221b]

If you have household insurance it often provided cover for employment legal issues. You would need to get their go ahead first. Union membership will often come with free legal help.