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Posted By ANTHONY EVANS
After undergoing a medical examination an employee has been declared unfit to work in a process area where isocyantes are present. The advice I seek is what happens next.
As an employer are we required to examine alternative areas for employment. If there is no alternative employement then what is the advice.
Many Thanks
Tony
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Posted By Paul Leadbetter
Tony
If redeployment is not possible, then you must protect the health of the individual by terminating his employment. Whether this is a matter of ill-health retirement, redundancy or whatever is up to your HR department.
Paul
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Posted By John Webster
You will have to be very thorough in examining any redeployment opportunities. Basically, recent case history would indicate that if there is any other work that this person can usefully do then it should be offered to them. He should not have to apply for a suitable alternative post in competition with external applicants.
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Posted By Kieran J Duignan
So you can make the best of the difficult situation, Tony, if you can manage it, read the terms of the employee's contract of employment with reference to the Employment Rights Act 1996 as well as consulting a H R specialist if there is one in your organisation.
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Posted By george guy
i agree with what has been said but you must also be aware of the DDA (disability discrimination act) as this covers all kinds of disabilities including stress,asthma and even dyslexia to name a few that in the not so distant pass were not classed as disabilities. my advise would be to contact A.C.A.S, who have experience in these matters.
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Posted By Anthony Slinger
Have a look at April 2004 SHP page 14. Re. Coxall V Goodyear UK Ltd and also Brian Farmiloe V lane group Plc and North Somerset Council. In the first instance the Court of appeal upheld that "where the risk to an employees health or safety was significant, and no reasonably practicable alternative employment could be found, dismissal of the employee may be the only option."
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