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Can an employer dismiss due to ill health Options
Joe40
#1 Posted : Sunday, August 21, 2011 4:31:52 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 1/19/2011
Posts: 32
Location: south yorkshire
Hi

Does anyone know if your employer can dismiss you if you have lots of leave and provide doctors certificates or not, I work in a unit and it's so cold in winter, I bought a thermometer last year and it didn't get above 10 degrees, they put some extra heating on the ceiling but because of the type they installed it's of no benefit so I asked if they could sort it ready for this winter and was told there was nothing else they could do




Many thanks
Joe
RichC
#2 Posted : Sunday, August 21, 2011 5:20:46 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 8/30/2010
Posts: 507
Location: Gravesend
Hi Joanne,
Give the helpline a ring and ask if you can speak to Bob , as he is the man for all things employment .
He posted the other day saying no -one was asking for him ..so he will be pleased to hear from you ... in the meantime have a look around the publications section and "I want to Work" booklet . There is an equality act section in there .


Definitely call the helpline though :)

Shocking what some employers get away with , including not knowing their responsibilities.


Rich .
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
Naomi1
#3 Posted : Saturday, September 17, 2011 9:52:26 AM Quote
Rank: Advanced Member


Groups: Registered

Joined: 9/3/2011
Posts: 717
Location: Torbay
Under the Equality Act 2010 I think it depends on what constitutes a 'reasonable adjustment' and that is a complex issue. It would depend on many factors such as the type of work unit and the type of work you were doing. For example in a food processing plant the temperature needs to be cool and in a large warehouse it would be difficult to heat. However it would seem reasonable to have provided you with heated gloves or warm outerwear and somewhere warm for your breaks if that would have been possible. Did your employers look at the possibility of redeployment or swapping tasks with colleagues? I am pleased to say that so far my employers have supported me by swapping some of my tasks with colleagues but I know that redeployment might need consideration in the future. Luckily I am a member of an excellent trade union and work for a large employer so I think both of those factors have helped me. I think each case is different and you are certainly in need of expert advice about your situation. I do hope that you fight this hard and if you don't succeed then at least you've tried. I also hope you can see an employment advisor to help you seek alternative training and employment elsewhere. Your old employers don't deserve to have you back now anyway and I think you deserve a new working environment where you feel welcome and valued. Good luck and keep us posted from Naomi.
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