What rights have I got if I get dismissed from work due to 'Capability'?

This has happened to me very recently and after reading some of the replies to Jenny's question i am beginning to wonder if I should take matters further before signing the 'Compromise agreement' that they have put forward. I spoke to My union when the dismissal process was started and they were of the opionion that the company was following correct procedures and there was nothing else I could do

A brief summery of the situation as follows: I've been off sick after being diagnosed with WG for almost two and a half years, mainly due to lung problems for the past 18 months. My Lung consultant advised the Occupational Health Adviser that I could no longer work in the dust and fumes that were present in the factory. Even though my job was split between office work and working with my team of Craftsmen the Company decided that I could not come back to my original job and they had no other role to offer me that would not affect my condition. I am due to receive 3 months pay and outstanding holiday pay.

I have had time to prepare for this situation so am trying to stay positive, maybe time to set up my own business?

6 Replies

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  • The company that I worked for also tried to dismiss me due to "Failing to honour my contract of employment" due to my being off sick. I got them to retire me due to ill health. It took a bit of time and a lot of backward and forward, but in the end they agreed. I was retired on full pension or should I say the pension that I would have got if I had worked until retiring age.

    It might be worth your while looking at that option and you should also speak to the Citizens Advice Bureaux.

    Good luck.

  • How long had you been off work before they played the failing to honor your contract card .

  • Was diagnosed with WG in Dec 09 and have been unable to work since, mainly due to damage to my lungs. The company seemed to be genuinely concerned right up till my last meeting with the Occupational health adviser in January this year when they started talking about 'letting me go' due to capability - mainly due to the report from my lung consultant saying that I should not work in a fume laden or dusty environment. The worst bit was checking my contract and finding a clause in there saying I could be dismissed if I had more than 6 months off sick!.

  • We agree with Kentish Man. Citizens Advice have also been very helpful. It might also be worth getting the support of your consultant/doctor too.

    Take care

    Susan

  • Hi I was on the sick for over a year with local council. When I was diagnosed with Vasculitis I was told by the specilist that I would be unable to retun to work. When I told my employers that I would be unable to return to work I was offers 3months wages plus any holiday pay I was due. I refused the first offer and after about 3weeks another offer was made 6months wages all holiday pay and 18 years pension . The problem the council had they could not employ anyone till I accepted there offer . So do take C.A.B advice and as for thei union rep I had to be polite bloody waste of money .so don't just give in fight for what you are due . Good luck Bill

  • I may have left everything too late (I wish I'd found this site earlier) I was dismissed last month, the only thing that is still outstanding now is a compromise agreement which the union and their solicitor both recommend I sign as it increases the amount I receive in severance pay.

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