Advice on Procedures for an Employee with a Long Term Health Problem

[GlasweJen]

A friend of mine started work declaring on the application form that he had a disability in that he had a long term health condition that could, at times, affect his mobility and speech. The job involved some night work as defined by the WTD.

 

Recently his employer has started to ask questions about his medical condition. He has always been very open about this condition as it is something that leaves physical scars as well as some problems. He provided the work with leaflets from a charity for people with the condition (and approved by the department of health) when he started his work there.

 

The boss has now insinuated that she feels that he is unsuitable to work there any more and that he may be fired on medical grounds soon. He has worked for the company for 2 years. At no time has he seen a doctor, filled in a medical questionaire, been referred to occupational health or anything other than informal chats with the manager about his general health in relation to stress caused by family problems (his mother has cancer), his manager is not medically trained, he has reason to believe she has not even attended college.

 

He has discussed his suitability to work nights with his specialist during check ups and the specialist has always encouraged him to work at this job feeling that he is fit and able and there is no medical reason why night shift is unsuitable. His manager is aware of this although it is not in writing, his condition is well managed by medication.

 

Now my question is, is there a procedure that large companies should follow when they employ someone who is disabled? My friend claims disability benefits in the form of DLA and WTC (disability component). Also if they feel he is unsuitable to work where does he stand? There is no alternate shifts or positions available at his location to transfer him onto. He does not feel his medical condition is affecting his work and believes that this is happening as a result of a dispute with the manager over allocation of holiday time.

[GlasweJen]

My friend contacted me today and told me that his manager called him into the office last night and asked him to resign before they fire him. He refused and they said he is going to lose his job on medical capability grounds, surely they can't do this without at least asking a doctor or OT to review his records? He is still carrying out the same job he's always done to the same standard.