Rank: Forum user 
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An employee has had an operation but because of the work that he does he will not be able to continue in that role. If he did he could endanger himself and the other members of the team. I am aware that the company could offer him alternate employment but what if this is not available? Does the company have any obligations or can they simply terminate his employment?
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Rank: Super forum user 
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Hi Firestar,
Very similar situation to Farmiloe vs Lane Group and NSDC.
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Rank: Forum user
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Rank: Forum user
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I'm not familiar with the case law Safety Smurf has quoted but I'll be interested to have a look at that later.
Ultimately the company has to make "reasonable adjustments" to fulfill their duties under the Equality Act (DDA now falls within this). In the event of a court case only the court can decide what is resonable.
Reasonable could mean re-training to carry out another role, but that role has to be available, the company doesn't have to invent one. Unless of course they are very employee friendly.
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Rank: Forum user
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Oh, and other than that if a reasonable adjustment is not possible then the appropriate notice of termination of employment can be given I believe, but stand to be corrected.
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Rank: Forum user
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SOSR - "Some Other Substantial Reason".
If the employee's welfare is at risk due to changed circumstances which cannot easily be resolved, this would be seen as an SOSR.
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Rank: Super forum user 
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It is an interesting case that we have seen before but as always with such cases, the key to relevance is in the interpretation.
I suggest that the employee could be served notice on 'capability' grounds if the employer was unable to justify reasonable adjustments or offer reasonable alternative employment.
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Rank: Forum user
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Thank you all, not my call but at least I can offer honest advice.
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Rank: Super forum user 
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I guess the employee is now disabled either temporary or permanent?
Either way the Equality Act comes in and the employer has to make reasonable adjustments to assist the employee to remain at work. You cannot dismiss an employee just because he is disabled.
If it is temporary what's wrong with sick leave until he is fit for work?
It may help if we knew more abut the particular role, the workplace and the attitude of the employer?.
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Rank: Guest
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Depending on the company's policies and values about employee 'wellbeing', you may wish to advocate 'best practice' in this situation.
This would include an independent assessment of vocational rehabiltation/career potential by a (chartered) occupational psychologist, preferably one who is also a chartered safety and health practitioner. That should provide all interested parties - including an employment tribunal and/or county court - with reliable, reasonably valid data on their options.
Perhaps the employee might be encouraged to ask Access for Work for funding for such an assessment?
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