Posted By Jim-F we have a guy who had a stroke 2 years ago. he has made a remarkable recovery and is back on-site, but unfortunatly he is struggling to produce very much, no one wants him in their squad any more, he gets moved from pillar to post, and then there is the H&S side of things finding tasks that are not only safe for him but safe to others is getting more difficult. What are the procedures for dismissal (with pay of course) please dont say im cruel, I already feel like [expletive deleted]

Posted By NeilM Poyznts-Powell Jim, Before resorting to dismissal on ill-health grounds. Have you tried refering the employee to an Occupational Health proffesional, who could advise on what the employee could do rather than what he can not! Apart from offering the possibility of keeping the employee in work, if this is not possible you can document that you have taken reasonable steps before dismissing him. Regards, Neil

Posted By Kieran J Duignan Jim Principal things to emphasise 1. The DDA definitely applies in this instance: whether or not the employee stays or goes, you need to be in a position to show a tribunal that you both assessed how you could make 'reasonable adjustments' to the man's condition and systematically tried to make them work: if the failure(s) were due to inept management, remind your M.D.very, very clearly that, in principle, there is no upper limit to an award under the DDA. 2. There is objectively no reason for you to feel anything other than professional: as long as you genuinely try to manage the dilemmas, that's all that anyone can reasonably expect. Allow others to share the burden! 3. Bear in mind that he can make free use of the services of the Employement Service, which could include specialist help to assist him either at work or to find alternative employment. 4. I have an unusual blend of experience in relation to career rehabilitation of people with disabilities: as well as being a RSP MIOSH, I'm a Fellow of the CIPD and a chartered occupational psychologist (with diplomas in career guidance and counselling as well as management consultancy) with experience as an expert witness. If you would like to have a telephone conversation to explore the implications of your options, give me a call on 020 8654 0808.

Posted By neil prosser How would the people who dont want him feel ,if the person was a relative of theirs , : interesting to know :

Posted By Robin B Hi Jim Who hires and fires then? Is it the squad leaders? Robin

Posted By Roger the Dodger Despite these opinions of this guy's performance - you still need to be able to demonstrate that you have considered the options. Indeed you could use his lack of performance as a starting point, but you would have to give him the opportunity to have had the errors of his ways pointed out and given the chance to improve performance. In essence you need to follow your company discipline procedure and where applicable the DDA. I'm not saying you don't get rid of him, but unless you do it properly, you could end up with a case of unfair dismissal on your hands and/or a DDA claim. As said by me and others this is more of an HR issue - suggest if you haven't got an HR Manager, you hire in temp HR man/consultant.

Posted By David Thomas my feeling is that you (the company) should be trying to find him a job, perhaps office based, where his experience can be used to effect. This may mean retraining but we keep hearing of the grants available so help may be available there. Whilst not wishing to make waves (and I work in an office environment with a high percentage of females), what would be the attitude if we were discussing a female returning from pregnancy?? We must all try to resolve these problems before being hit by the legislation out there, and the guy may just get a local solicitor who knows what he is doing. This matter must be resolved by the company directors, not left to H&S or the gang leaders - who have a vested interest.