Covered by the DDA/HRC

[toutvent]

I have a disabilty (for over 4 years now and covered by the DDA) and have been on longterm sick due to a fall at work 13 months now, my employer wants to sack me as it's over 12 months, they have not looked at reasonable ajustments to allow me to return to my old job but are offering me a role with lower pay and T&C'S, can they do this? if after some hospital private treatment I could return to my old job so be it slowly and can give a return to work date can they sack me?, if I were to return all I would need some ajustments to my job and equipment.
Any help or advice?.

[Sidewinder]

They are treading a very dangerous path which as it stands would lead to a very good case for discrimination.

Although you can be dismissed whilst off sick, providing that correct capability procedure is followed meticulously, this is very difficult where there is a disability involved, and especially where the absence is due to an industrial accident. The aim of any sickness policy should be to rehabilitate and encourage the employee to remain in employment, and the DDA requires that adjustments are considered where possible in order to facilitate this. They also cannot reason that due to your disability you should accept a lower paid job or amendments to your T&Cs.

Raise a grievance on the grounds that you are looking forward to returning to work subject to medical approval (give an idea of when this will be possible), and that it will be possible for you to resume your normal duties with consideration and reasonable (stated) adjustments made to enable this, but that you are concerned at their suggestion that you should accept a different position and remuneration rather than them accomodating your condition by changing certain aspects of your job and equipment.

Do not mention discrimination at this stage - let them walk into the trap in a written reply and hold this up your sleeve should they not spot your next move.

[toutvent]

Sidewinder

Your post is very encouraging. thank you.

I have been through greivance procedure. Not followed correctly - they are very keen for me to go on ill health but if it is not forthcoming or financially viable then I will have to return to work.

The problem is I seem to be running out of time as they are threatening to sack at the next meeting in just a few weeks time. (Just to add I am injured because they failed over a period of time to make reasonable adjustments and this is lodged with ET). At that meeting if the ill-health is not available then my other option would be to ask for more time to get myself treated and in a position to return to work - if necessary I will pay privately for the treatment as the waiting list on NHS is slow - I have been on the waiting list since January which Company know.

What I am worried about is at the next meeting if the Company say the only way they will let me come back to work is to sign the change of contract to the lesser role. What would be the best course of action? Would it be better to agree to accept the new role under duress and take it to Tribunal or refuse the detrimental contract and see if they would force it on me or sack me?

Thank you for reading this post.

[Sidewinder]

Speak to ACAS for some advice before the next meeting so that you are armed with as much information as possible. I fail to see how they can already have decided to sack you at the next meeting if you don't take a lesser job - what about due process and prejudice? Have you had a series of meetings, being given the chance of representation at each stage? Have they put anything in writing? If you have had a series of 'capability' interviews, then the issue of disability and reasonable adjustments should have been raised at an early stage and you should have received an adequate response as to what they can do to rehabilitate you.

Personally I wouldn't accept any new role unless and until they are prepared to adequately explain in writing why they are unable or unprepared to make the adjustments neccessary to return in your existing capacity. The DDA is quite clear about the responsibility of an employer to go as far as possible to allow you to keep your existing position or justify why they cannot make whatever arrangements are required to do so. If they are citing Capability, then they must explore ways in which you would still be 'capable' of doing the job. OK, they are running a business and your long term absence is inconvenient to them, but they have a duty to help you to return to work where possible and if you have suggested a means by which your return will be quicker I don't understand why they don't seem prepared to try it.