Posted By Paul Adams Whilst the employee didn't disclose, no action was taken once the circumstances became known. As the situation is now, apparently getting worse, I would suggest that a consultation with an Occ Health specialist would be in order to advise both the company and employee on how to manage the situation.

Posted By Alec Wood I've had a chat with our HR chaps and a precis of the response follows. Don't bother telling the GM that the time for action was then, not now - I'll guess the penny's already dropped on that one, and no-one like a smart arse! Presuming the guy's complaint is a genuine one then as long as the company does what it can to help first then the option is always available to dismiss on capability grounds. You must ensure that the normal company policy is followed through in all aspects of the process. Unfair dismissal hangs on "reasonableness", was it reasonable to dismiss him? First things first though, the helping bit....... 1. Get the guy into the office for a chat. Find out a bit more about his the type and extent of his problems. Explain your concerns regarding his safety and ask him to ask the specialist treating him to write to the company explaining the probelm and the longer term prognosis. 2. Problem occurs when he eats the wrong foods. Establish what these are, and what dietary advice he has been given. 3. Is he following the advice given to him regarding his diet, if not he is not being resonable. 4. If he is not doing all he can resonably be expected to to mitigate the effects of his condition then serve him with an improvement notice if your company procedures allow such a thing, then follow the disciplinary route from there. 5. If he is doing all he can and is purely a victim of his condition then bite the bullet and seriously consider, with him if possible, his ability to perform the duties of his position within your organisation. If his long term prognosis is poor then it would never be considered unreasonable to terminate the employment of someone who did not realistically have any chance of ever being able to fullfil their job function. 6. You may like to consider engaging a medical expert of your own to give a credible assessment of his prognosis in any event. 7. Would flexible working be possible, and would it be helpful at all to him, or would it just allow him to sleep unsupervised. 8. Consider that by discontinuing his employment you may actually be helping him, forcing him to face up to his condition and seek treatment. Also, he would likely be eligible for disability benefits as opposed to being just dumped onto the dole. 9. Document every step of the way, including the search for alternative positions within the organisation. You never know..... The main problem you face in all this is that no-one faced up to the probelm before now. I cannot understand why that may be, but I am sure an imaginative person can come up with something, like that you were trying to be supportive believing it to be only temporary. This is primarily a HR issue, and if I were you, I would dissuade anyone from trying to add any kind H&S tag to it. Leave it HR, they get paid to deal with the thorny issues as well as the fluffy ones. Good luck Alec Wood

Posted By Stuart Nagle I personally have never heard of anyone falling asleep through eating the wrong food? I have heard of people falling asleep through eating food - the afternoon nap after sunday lunch is an example... and I have heard of people falling asleep through drinking the wrong drinks - beer and spirits instead of tea, coffee, water, fruit juice etc. I have heard of people falling alseep because they are up all night doing something else or watching the telly and not hitting the sack until the early hours... and then in a nice warm, quiet office at work....zzzzzzzz...zzzzzz Have you spoken to this chap and got his permission to speak to his GP? It might be an idea, as he could be pulling to wool over your eyes....maybe his problem!! is linked to something else!! or you could arrange for him to see a company appointed doctor... First things first before you sack him... as stated above, or you could find yourselves getting roasted at a tribunal....