Posted By Keith Bell A friend of mine has been suspended without pay as he is on medication for depression which his company's Occupational Health Depatment have said 'could make him dizzy'. He is a manual worker but I was under the assumption that an employer must find alternative duties for an employee if a medical condition temporarily prohibits usual work activities. Any advice on this issue would be appreciated.

Posted By Eric Burt Keith This may be a DDA issue. The House of Lords has just ruled on a DDA case. The House of Lords has ruled that an employer has a duty to make reasonable adjustments for people who become unable to do their job due to disability including, where necessary, offering them an alternative post. The case concerned Mrs Archibald who was unable to pursue her job as a road sweeper for Fife Council after surgery left her unable to walk unaided. Under Fife Council’s redeployment policy, she applied unsuccessfully for over 100 posts in various council departments. In March 2001 the council dismissed her on the grounds of capability. The council subsequently employed her as supervisor at a local community centre. Mrs Archibald complained she had been discriminated against on grounds of disability and that her employers had failed to comply with a duty to make a reasonable adjustment under section 6 of the Disability Discrimination Act. The Disability Rights Commission, which supported her claim, argued that her appointment as a supervisor proved she was capable of this level of job and that she lost substantial earnings by not being transferred to a suitable job at the time she became disabled. Mrs Archibald’s claim was rejected by an employment tribunal, an Employment Appeal Tribunal and the Court of Session. The Court of Session ruled that a duty to make reasonable adjustments for disabled people was not triggered by a worker becoming physically incapable of carrying out a job. It also said transfer to a different job was not a reasonable adjustment. The House of Lords has now overturned that decision and referred the case back to the employment tribunal. Hope this helps. Regards, Eric

Posted By Liz Johnston Suspension on medical grounds only applies where the following regulations apply: Control of Lead at Work Regs 1998 Ionising Radiation Regs 1999 COSHH Regs 2002 Employees may be suspended from work if continued exposure to these hazardous substances might damage the employee's health. Other than that any absence would be sickness and the employee paid accordingly (subject to DDA as above)

Posted By Karen Todd Hi Keith, Did they actually ask him if he was feeling dizzy, or just act on the warning that it may make him dizzy? Different people react differently to medication, some will suffer some of the side effects, others will not. For example, Tramadol is a pretty heavy duty painkiller. I first came across it when my husband had to take it for back pain after a lorry crash. He was like a living zombie and although he was off work anyway with the pain, he was in no fit state to drive. I then came across another lady who has been taking Tramadol for back pain long term. I asked her if she felt tired or dizzy but she appears not to have any side effects at all, and was myself suprised at her reaction to the drug compared to my husband's. Same medication, warning on packet about not driving or operating machinery if you feel drowsy, 2 very different reactions from 2 people on the same medication. Regards, Karen