Help Please! Trying to terminate my contract on medical grounds ahhh!

[Gizzy123]

Good Morning.......

Wonder if anyone can give me any information or help as I am in a sticky situation.

I will try and keep it short. Basically just over 2 years ago I had an accident at work doing something that I was asked to do. I started work as a teamleader over 7 yrs ago at a distribution warehouse. I was off for six weeks as I did extensive damage to my ankle tendons etc. They did'nt pay me full pay so I put in a claim and won.

Now over 2yrs later the situation is this. We have just merged with another company. They are resigning all job roles on the one to one they said that I would be running the goods in area with all containers coming in. I said that I had no problem doing this but I would not be able to stand for 8hrs a day on my ankle, I am due and operation and it starts to swell after standing for long periods of time. The role that I am on at the moment is great for me as I can sit and stand as I require.

I asked if I could stay on that role and they said no it will eventully be automated, which is funny because they are moving one of the other guys from the new merger team into my role.

They basically did no belive my ankle was that bad and sent me to see the work nurse, she confirmed and they were still not happy with that and sent me to occupational health over an hour away and sent me in a taxi. When the report came back I was taken into the office and they said they were sending me home as the report says that it is unstable and I require a 15 minute sit down rest every hour. Went back for a meeting and they said that they would need to create a position for me and this would be a worst case scenario, been back to two meetings hearing the same thing asking if I would work in Slough or Sheffield which is 4hrs away, then last week I went back for another meeting and the HR woman was gunning for me saying that they could not find a job to create and the only option would be to terminate my contract on medical grounds. How is this? I have not had a day sick in the past two years. I think they are seeing this as an oppourtunity to get rid of a teamleader as they are in the middle of a restructer. My supervisor was my witness and in the recess break he said say you need to go you have had a phonecall, because otherwise they would have chopped me there and then. Just got a legal rep and he says that they are not following the correct procedure as they have not made any reasonable adjustments. Just put in a formal grievance against them for breaking the employment laws.

My question is what are my chances? If it goes to tribunal will I win? I have done nothing wrong. I have been home for the past 4 weeks because they sent me. Any help or information would be well appreciated.

[becky2585]

Did the occupational health report say you were classed as disabled under the equality act?

[Gizzy123]

Did the occupational health report say you were classed as disabled under the equality act?

 

Hi Becky

Thanks for your reply.

The report says OPINION I undertook a clinical assessment of the ankle and she does indeed have significant swelling and soft tissue scarring around the right ankle joint. Movements are restricted particulary in certainplanes and the ankle joint is quite lax and unstable. Clinical assessment certainly supports the level of symptoms and disabilty that she is experiencing.

Iam quite sure based on my clinical assessment that she would be unable to untertake a full shift totally standing and walking about in a warehouse environment. The more she stands and walks the more her ankle joint swells and becomes more unstable. Because of on going symtoms and disabilty it has been recommended that she should have surgery.

[altobelli]

Have HR at any time lied to you, i.e. said one thing in one meeting, and a different thing at another meeting?

[Gizzy123]

Have HR at any time lied to you, i.e. said one thing in one meeting, and a different thing at another meeting?

 

They said that they were trying to try and dreate a role for me.. but they said that for the past three meetings and then said they could not find anything.

I asked to stay in the role that I am curently in as I can sit and stand when I require.

They said that this was going to be automated, but another chap is lined up to go onto there.

So they are just looking for excuses to terminate my contract.

[becky2585]

The problem you have is that for the right to reasonable adjustments to kick in, you need to be disabled. I would politely request that your employer seeks a medical opinion on this point before dismissing you.

 

If you aren't disabled, which is probably unlikely given the long term health issues, you just become an employee incapable of doing their job! They'd have to make a reasonable search for alternative employment, but they could still dismiss if that employment doesn't exist.

 

Medical evidence is the key here - if you are indeed disabled and they haven't explored reasonable adjustments, you could fairly easily land them with a valid tribunal claim.

[Gizzy123]

Thanks Becky. That a great help, you have sent me in a good direction to go down.

I think work must be thinking about it. they were going to chop me last week, but managed to get out of the meeting.

I spoke to a legal representative of my dads that is also in a union, he told me to send a letter of greivence to your effect, stating that they were breaking eqaulity laws.

I also mention that he is representing me and all correspondence must also go through him, HR replied to my email saying that they have received the greivance and the next steps would be given to me shortly, that was almost a week ago and I have not heard from work. Should I chase them up? Or wait ? They are paying me full pay at the moment. I would imagine they are looking into this now I have a legal rep on my side.

[becky2585]

I would look at the company's grievance policy for timescales. Legally speaking a week isn't a long time, but I know it's harrowing when you're in that situation.

 

Are you on any staged warning at the moment? Any prior disciplinary record?

[Gizzy123]

no warnings, etc.

I have had no sick etc, my conduct has alway's been good.

I guess that's why I am so shocked at the way I am being treated.

You are right though, I guess it's the hanging in the wind thing that is quite stressfull.

You find yourself always thinking about can they do this? What if I do that sort of thing. Sounds weird but drives me a little mad at times.

Guess I should sit and wait.