Hi all,


This is one of those situations where there appears to be a crossover between employment and H&S law – but hopefully someone has had a similar experience and can advise accordingly.


I work for a company that predominantly works at height and consequently, as per WAHR, all employees must be fit to do so. Some time ago, one of our employees suffered a blackout and was consequently involved in a rather serious RTA. The cause of the blackout remains undiagnosed. He is now about to return to work and although physically fit, his GP’s note states that he must ‘not undertake and work at height or driving activities’ – all well and good but this pretty much makes him useless to us.


Under employment law, am I permitted to make his position redundant or am I expected to accommodate him until such a time as his GP considers him to be fit? I would happily leave a position open to him should his GP declare him ‘fit to work at height’ but am loathe to manufacture a new and previously non-existent position, at significant cost, with no real benefit to the company.


Thanks!

It is possible that this employee could be regarded as disabled (even if he is not registered as such). If this is the case the company are obliged to make 'reasonable adjustments' to the workplace to assist him/her to work.

This does not mean that you have to create a role that does not exist; but if there was an existing position that this employee could fill then he/she should be given that opportunity even if adjustments had to be made to accommodate it.

If there is no such position available, or it is not feasible to make adjustments, it can be fair for the employee to be dismissed, even if they are disabled.

Check out this web page:
www.businesslink.gov.uk/...ES&itemId=1073791211

Hope this helps

Phil

I must keep reminding people that such issues as this fall directly into the realms of diversity, via the physical ability route. As Phil Wainwright says you need to look at reasonable adaptations before you can start to consider capability issues for possible dismissal.

I keep reminding people it is for this reason that council has set up a Diversity Working Party to examine how the Institution can provide support/advice/tools/training for its members. The WP is also looking at how IOSH manages itself as an organisation. Please keep this information etc flowing and do not hesitate to contact me directly if you wish.

Bob