Employment Terminated

[walshy76]

Situation is this, been off work on long-term sick, I am now disabled & undergoing some operations but was planning with my employer to come back to work into a different role to meet my disability needs over a phased timeframe.

 

Anyway, now my employer has stated they have discussed with HR & their in house legal team & think it is best to end my employment now due to ill health than to allow me to be entered into the redundancy selection pool coming up.

 

They have rang me today & advised me this & said I would be invited into a formal meeting to inform me of this decision.

 

Any thoughts

[Hebweezle]

Hi Walshy

 

Oh dear.

 

As you state that you are disabled - are you registered disabled?

 

Regardless of whether you are or not, you are covered by the disability discrimination act and the company has to do everything they can to help you back into work unless your position has become redundant.

 

Do you have any documents relating to your discussions with your employer about you going back to work?

 

I am presuming that your HR department will be writing to you to confirm what they have said to you today and although they say that you have been invited to a formal meeting to inform you of a decision, they do really have to meet with you to discuss the situation, and not just to "inform you of their decision".

 

Again, if you are in a union, then contact them, if not go immediately to the CAB or give them a call and find out what they can do for you.

 

Let me know how you get on and I do understand that this is a very worrying time but you are covered under the disability discrimination act.

 

Heb

[patdavies]

As you state that you are disabled - are you registered disabled?

 

 

No such thing any more

[Hebweezle]

Hi pat (again!)

 

Yes there is - on all forms it does state and request that if you are registered disabled you must state it. Although it may not matter anymore, you do still have to prove that you are disabled and I'm sure that Walshy and his work do have all the documents in this situation.

 

Heb

[kfdh1962]

Hi Hebweezle,

as has been stated by the other you will be covered by the Disability discrimination act.. your employer is obliged to make reasonable adjustments to suit your condition to anable you to perform your job role

[hitchy1]

Hi Hebweezle,

as has been stated by the other you will be covered by the Disability discrimination act.. your employer is obliged to make reasonable adjustments to suit your condition to anable you to perform your job role

 

Walshy you will find details of the disability discrimination act on the following website.

 

The Disability Discrimination Act (DDA) : Directgov - Disabled people

[patdavies]

Hi pat (again!)

 

Yes there is - on all forms it does state and request that if you are registered disabled you must state it.

 

I'm sorry, but there is no longer any such thing a registered disabled.

 

The registration scheme under the National Assistance Act 1949 (Green Card) was abolished by the Disability Discrimination Act 1995.

 

The question "Are you registered as disabled" on an application form or similar actually means "We are a bunch of incompetents who are trying to find a reason not to employ you/provide you with service" and has no meaning or purpose since the DDA, since you are defined as disabled if you meet the DDA criteria:

 

A person is disabled if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

[hitchy1]

I'm sorry, but there is no longer any such thing a registered disabled.

 

The registration scheme under the National Assistance Act 1949 (Green Card) was abolished by the Disability Discrimination Act 1995.

 

The question "Are you registered as disabled" on an application form or similar actually means "We are a bunch of incompetents who are trying to find a reason not to employ you/provide you with service" and has no meaning or purpose since the DDA, since you are defined as disabled if you meet the DDA criteria:

 

A person is disabled if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

 

Pat is quite correct. the only question here is have you or are you being discriminated against on the basis of disability? If there is a strong belief that you are then i suggest you speak to some one who is qualified. It is a very serious allegation and one that the company would defend vigorously if they thought they were correct. If you are in a trade union or have any insurance policies that can provide legal assistance then make use of them, if not try the citizens advice bureau.

[walshy76]

Many thanks for all your replies. I have been off line due to being unwell, however, things are still happening.

 

I am disabled & get the higher rate for mobility & middle for care. I also have a blue badge.

My role was made redundant 14 mths ago but the company said they would find me a suitable role when I was ready to return. Not really sure if I have any rights, boss is saying they are doing everything correct based on their inhouse legal team.

 

I have a Question: - If this week I get the final letter which I am expecting am i entitled to any pay/holiday pay/ like the people being made redunant? Also, I have a PPI policy that covers me if I lose my job due to redundancy, does anyone kno if these kind of policies pay if you lose your job due to ill health?

 

Sorry for the ramble, my head is spinning with what ifs & I feel this is a very uncertain worrying time. Any advice or support will be gratefully received.

[hitchy1]

Many thanks for all your replies. I have been off line due to being unwell, however, things are still happening.

 

I am disabled & get the higher rate for mobility & middle for care. I also have a blue badge.

My role was made redundant 14 mths ago but the company said they would find me a suitable role when I was ready to return. Not really sure if I have any rights, boss is saying they are doing everything correct based on their inhouse legal team.

 

I have a Question: - If this week I get the final letter which I am expecting am i entitled to any pay/holiday pay/ like the people being made redunant? Also, I have a PPI policy that covers me if I lose my job due to redundancy, does anyone kno if these kind of policies pay if you lose your job due to ill health?

 

Sorry for the ramble, my head is spinning with what ifs & I feel this is a very uncertain worrying time. Any advice or support will be gratefully received.

 

Walshy, you shouldnt be treated any differently in terms of entitlement. Notice pay holiday pay etc should all be included.

Regarding the PPI, easiest thing to do is ring the provider and ask them if you are covered. remember your employer will be fully aware of the implications if you are discriminated against because of disability.

Good luck.