Hi All, serious question time.... Sorry for doing this on a Friday. I have an employee that has been at the company for a few years and has had on and off back pain and problems, mainly related to age, wear and tear and previous job choices. She has now been diagnosed with spinal arthritis and the prognosis isn't good long term. She is currently working half days as part of a rehabilitation programme but this looks destined to fail if her condition is only going to deteriorate. She expects to be needing a walking stick in the near future as well as a series of operations to try and minimise the progression as well as the pain. 80% of her work is in areas that are safety critical, BA is required along with a suite of other PPE equipment. We work with some highly toxic materials, so I have reservations with her returning with poor mobility and aided with sticks and so forth. I have just spoken with the HR department and the production manager who think we need to dismiss her on both safety and capability grounds. I agree with there position, mainly because I do not think it is safe for her or others to have her in those environments. I am about to present my report to the MD and HR department regarding this and wondered if anyone had anything to say/add to this from experience. Whether or not this course of action is justifiable etc. I have had our occupation health assess her and the report stated much the same, limited capabilities, poor mobility and rehabilitate back to full time. I should also add that there are no part time hours available due to the nature of the work and the way that we operate. All comments will be greatly appreciated.

Hi Invictus, I'm afraid that all f our departments are much the same. The only difference would be putting her in the office, which I'm afraid she just doesn't have the experience or capabilities to perform. I'm all for reasonable adjustments but there is only so far we can go. There is a strong possibility that she will be struggling to get in and out of the bath at home, let alone come to work in the non to distant future. It's cruel, I don't enjoy sitting here typing this but it is what it is.

That's a bit draconian isn't it. Good employee gets a disability and is on the scrap heap right away. I wouldn't want to work for your company. There will not be much if anything in the form of work opportunities for her. The present Benefit system will I am sure do their best to find her fit for work even if in a wheelchair. However if you let her go that will be it. As Invictus says nothing to get up for, deteriorate rapidly, followed by death. Caring company/society ????????

"She then wont have anything to get up for". Thats a bit presumptuous isnt it ? She may have lots to get up for. " She could then deteriorate rapidly and die". You two are just glass half full kinda guys arent you.

Hey, I've been living with disability for the past 14 years or so. I know what its like trying to keep someone motivated when they feel their world is ending because normal things aren't happening any longer. All businesses should look to employ disabled employees and to make reasonable adjustments. Are there any such policies in that company and are there disabled people employed already ? If there are then find a job for her. If there are no policies for for employing disabled people that I personally would take the employer to court on a disability discrimination claim. I did that once before, not to claim money but to have a school write some policies and procedures and train their staff. The Judge awarded against the school and they now have good policies and procedures and the disabled kids who attend the school are now better looked after. The law is on the side of the disabled employee.

Have you considered bringing in access to work (DWP funded)? She would need to contact them initially they then would come in and make recommendations, if any specialized equipment is used they would pay 90% of the costs.

I agree I think people just make stuff up on here. Sad very sad!

I was in a similar position with an employee who was suffering from motorneurone disease. I took advice from Access to Work and also an employment lawyer as the person was not capable of carrying out their role and we could not find a role suitable to their disability. The result was that the employee was dismissed due to medically be incapable of carrying out the role for which they were employed. Ensure all your actions, decisions and those of HR are documented and held in the individuals personal file. This was the advice from ATW and the Lawyer, as you need to show that you have taken all reasonable steps to redeploy the person. We were unable to find any stated case law but, if the person or their relative decide to take legal action under the Equality Act you will have all the evidence needed. Good luck.

Biker 1 have a look at #9 above. I took on the LEA's barrister at the Family Court and won. There is no reason to fear lawyers in court if right is on your side.

It's at times like this that [union] people appreciate the legal assistance part of their membership.

Remember to ensure that you include the person concerned all the way and that your report only addresses H&S areas and then hand it over to HR etc. with a recommendation that the person concerned sees it and then let others to do the rest otherwise H&S will be blamed yet again

she's only been there a few years get shut now, before it becomes difficult

James at #24 has covered it I think. If it is a safety critical role, with the requirements outlined, then it looks unlikely she can continue. Also admin jobs should not be seen as the "go to" for anyone who can no longer carry out duties on shop of production floors. it is a job in its own right, and it is unfair to her and other staff to move her to a post with a completely different skillset. The poor woman has my utmost sympathy, but adjustments have to be reasonable. And as a previous poster said, she might be happy to get medical retirement. I know it's an emotional subject, but we can only do our best

Are admin jobs really jobs? I would love to be admin, sit all day drinking coffee and talking great stuff. I thought that office jobs were created to give people the opportunity to come back on light duties so that they could keep in touch. Have I got it wrong all these year? Anyway the old dear should be put out to pasture she probably won't be any good at admin and why invest money.

Well I have a blister on the one finger I use to type, i'm sure this is RIDDOR reportable hopefully someone on here can let me know. Seriously learning something everyday in admin, what to count to two because that's the number of sugars the manager has! How much the milk is! or is it plain or chocolate biscuits for the meeting.

Jodie, Have you ever heard the term! Hook, Line and sinker! I knew someone would bite. 'Gone fishing';)

Like pilots ?

That escalated quickly! In fairness, as I know the woman in concern I would be surprised if she was able to fulfil an admin role. I do not believe she has the mental flexibility to do so. Although her current role has the potential to be quite dangerous, it is set out in a straight forward manner. I have really tried to be honest and open in my report that I submitted and I have based it solely on H&S concerns. It is up to the HR and the Production management to decide what alternatives there are within the company. I have to much else on my plate to start doing the HR job too! Hope everyone is having a good start to the day :-)

Yea, and these plants arent going to water themselves.