Rank: New forum user 
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I am aware that my Company are about to go through a disciplinary procedure with an an employee who has been dioagnosed with Mild Cognitive Impairment (ie a pre-dementia medical condition). Surely someone diagnosed with a medical condition should not be put through a disciplinary process, or am I wrong???
Wouldn't this be in breach of the Equality Act?
HR are stating that is just part of their process, but it sounds suspicious to me.
RSVP
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Rank: Super forum user 
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You could contact 'Access to Work' for advice. This is what they deal with to ensure that Equality is maintained
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 1 user thanked Invictus for this useful post.
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Rank: Super forum user 
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I don't think any employee is immune to company disciplinary measures. That said, it does depend on the circumstances and hopefully the person's cognitive issues will be taken into account.
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Rank: Forum user
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Is the disciplinary procedure related to work performance caused by the illness? If so, then HR may have a problem if they take any action. It's hard to comment fully on a case like this without knowing full facts, I would not ask you to share anymore considering this is a current case. Questions I would ask: 1)when did the employee inform the oranisation of the diagnosis 2)what did the company put in place following this information being shared 3) is there a specific Risk Assessment in place to help the individual manage their job A resource you could reach out to is Macmillan (the cancer charity) they have the expertise in this area and can point you in a good direction. Obviously citizens advice can also help. If it is a proceedings brought because of work performance due to the illness and the employer has failed to make reasonable adjustments, then yes they are in breach of the equality act. Tell the employee to seek legal assistance.
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Rank: Forum user
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This is a very complex situation that needs to be dealt with very cautiosly.
All opinions from other members are valid in my opinion but dependants of circumstances could lead to unfair dismissal and further complications.
I cannot professionally comment on what would or wouldn't be good practice so I also recommend that you consult a Human Resources professional or employment specialist. I also find that insurance companies can help with these matters.
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1 user thanked Striker84 for this useful post.
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Rank: New forum user
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Originally Posted by: fhunter  Is the disciplinary procedure related to work performance caused by the illness? If so, then HR may have a problem if they take any action. It's hard to comment fully on a case like this without knowing full facts, I would not ask you to share anymore considering this is a current case.
Questions I would ask:
1)when did the employee inform the oranisation of the diagnosis
2)what did the company put in place following this information being shared
3) is there a specific Risk Assessment in place to help the individual manage their job
A resource you could reach out to is Macmillan (the cancer charity) they have the expertise in this area and can point you in a good direction. Obviously citizens advice can also help.
If it is a proceedings brought because of work performance due to the illness and the employer has failed to make reasonable adjustments, then yes they are in breach of the equality act. Tell the employee to seek legal assistance.
[The disability does have an impact on his work performance, which was first highlighted to his manager. As a result of his performance review, his manager asked him to go for a check up through his GP. He attended 2 Mental Health clinic referals, where the condition was confirmed and told this would effect his core activities e.g. travel, which is essential to his work. This was reported to the DVLA who confirmed that it was OK for him to drive. Subsequent meeting with Occ' Health recommended 'reasonable adjustments', which were investigated but discounted. He has been told that there is no place for him in his current role within his dept. He suspects that the company is simply going through 'due process' with the intention to 'get rid'. He is over 65 years old but currently is very keen to continue his employment preferably in his currnet role (i.e. now not being made available to him) or something similarly appropriate to his work.
There is no Person Based Risk assessment for his work, just a job description. He has complied with his employer's requests at each stage. The issue here is not how he has been treated, but the fact that HR are dealing with it as a disciplinary process, which disturbs me somewhat. I am not sure whether their intentions are honourable. He is willing to seek legal advice subject to taking action through a Tribunal.
I undertand that this is a complex issue, however, with an ageing population, this will come up again I am sure.
Thanks
John
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