Dismissal due to ill-health

[Galway Girl]

Hi All

 

Please can one of you very kind people answer my queries about ill-health dismissal.

 

Can you be sacked at the first disciplinary meeting?

 

What is the process that they have to go through i.e who will be at the meeting - do you have a choice if the person at the meeting is the reason why you are unwell?

 

How much notice is reasonable to attend a disciplinary meeting?

 

If covered by the DDA what extra things should the employer take into account before sacking?

 

Can they sack you without first investigating the emplopyee's ill health pension scheme?

 

If employee is too unwell to go into the office can you request a time to meet at home?

 

If the employee has a carer because of disability - can that carer attend the meeting in a support role (not to say anything obviously)?

 

Hope you can help - all the best GG

[Anxious81]

Hi All

 

Please can one of you very kind people answer my queries about ill-health dismissal.

 

Can you be sacked at the first disciplinary meeting?

 

What is the process that they have to go through i.e who will be at the meeting - do you have a choice if the person at the meeting is the reason why you are unwell?

 

How much notice is reasonable to attend a disciplinary meeting?

 

If covered by the DDA what extra things should the employer take into account before sacking?

 

Can they sack you without first investigating the emplopyee's ill health pension scheme?

 

If employee is too unwell to go into the office can you request a time to meet at home?

 

If the employee has a carer because of disability - can that carer attend the meeting in a support role (not to say anything obviously)?

 

Hope you can help - all the best GG

 

Hi GG,

I really hope that all these things arent happening to you. I am not 100% on what I am about to say but am pretty sure its accurate...

Yes you can be sacked at the 1st disciplinary, however, other things should have happened prior to that.

Upon noticing that the employee had a health problem, the employer should have invited (by writing) the employee to discuss the matter. If the sickness continues, a doctor (arranged & paid by the employer) should make an appointment to assess you. The Dr. should then produce a report for both parties. If the employer is still not happy, they can formally invite the employee for a meeting...you can take ANYONE you want to that meeting - although, i would recommend that you do not take a work colleague.

By law, an employer cannot just sack you because of a disability...they have to be seen to make reasonable adjustments before taking any such action for example...

If you work with computers and you develop a back problem, the employer should apply for funding etc to get a chair that would support your back properly

Another example..

If you work in a restaraunt and you are unable to use a piece of eqiupment due to an injury, the employer should look at changing the equipment or putting you into a different role i.e. bookings

 

I hope this helps in some way...the best people to speak to are the CAB or ACAS

 

Good luck GG, and keep us posted x

[godpikachu]

Hi All

 

Please can one of you very kind people answer my queries about ill-health dismissal.

 

Can you be sacked at the first disciplinary meeting?

 

yes, if you have committed an act of serious gross misconduct, such as theft, endangering other employees etc.

 

 

What is the process that they have to go through i.e who will be at the meeting - do you have a choice if the person at the meeting is the reason why you are unwell?

 

in the first instance they should write to you informing you of a date they hae set the hearing for, if you are ill or unable to attend, you should write back and inform them of this and perhaps offer alternative dates and/or venues (you are not obliged to do this bit).

the meeting itself should consist of yourself, a witness (if you choose to take one)the person conducting the hearing and their witness/note taker.

 

How much notice is reasonable to attend a disciplinary meeting?

 

this varies, at minimum id say 3 days, to allow you to prepare your documentation or witnesses for a defence

 

If covered by the DDA what extra things should the employer take into account before sacking?

 

an employer must take reasonable steps to ensure that a disabled employee can continue employment with a minimum of discomfort.

if special equipment is required for the employee, then they must provide it, or if the job is now undoable by the employee, then they should find them an alternative position within the company.

 

Can they sack you without first investigating the emplopyee's ill health pension scheme?

 

i dont know what you mean by this, but they must take into account the employees health etc when considering dismissal.

 

If employee is too unwell to go into the office can you request a time to meet at home?

 

yes, provided that their doctor has given the ok for them to take part in any work related activities.

 

If the employee has a carer because of disability - can that carer attend the meeting in a support role (not to say anything obviously)?

 

if they require a carer then the carer should be present for the employees health. saying they cannot is like saying that a wheelchair user may not use their wheelchair.

[Galway Girl]

Me again with another question - sorry to be a nuisance.

 

If an employer is instructed by the Employment Tribunal to send an employee to be examined by a Specialist and that Specialist prepares a report on the employee's state of health is the employee entitled to request a copy of that medical report under Data Protection or Freedom of Information Act?

 

Can the Employer/their solicitors decide or choose not to rely on the contents of the medical report at the Tribunal:?:

 

Hope you can help again????

 

Thanks GG

[ScarletPimpernel]

When an employer asks for a medical report, they must obtain the employee's consent. When asking for consent, they must ensure that the employee is aware of his/her rights under the Access to Medical Reports Act 1988. These are the right to see any report before it is sent, the right to ask for any inaccuracies to be corrected (if the doctor does not agree, the employee has a right to have a statement attached to the report), and the right to withdraw consent to the report at any time.