Dismissed Due to Capability

[daarab]

Hi, All

Needing advice please.

 

I have worked for a bus company for last 9 years, at the beginning of June I was Dismissed Due to Capability.

 

In June 2009, I was diagnosed with Sarcoidosis after losing weight and an eye infection. I was off sick for approx. 9 weeks and since then have been attending various hospital clinics regularly.

I have also been on medication since then and still am.

 

Last June I went off sick again due to a Sarcoidosis flare up because of Stress caused by the company, I was off for 3 months, and put on a level 2 sickness.

 

I went back to work, when, maybe I shouldn't off, but Hey Ho, and within 5 weeks of being back, I developed another eye infection, related to Sarcoidosis, but I just carried on working, and didn't see my doctor. At beginning of January, my eyesight was not getting better, I went to optician who then referred me to hospital, after a few weeks my infection had got worse and was advised not to drive at all, so since end of January I have been off sick.

 

Company sent me to company doctor, who agreed that I was not fit to work, and because of Sarcoidosis, I may be covered under the disability discrimination act.

 

Unable to give work a start back to work date, I was dismissed due to capability, decision upheld on appeal, and given 9 weeks’ notice.

 

What I'm asking is, Is it worth me perusing a claim against company or should I accept it.

 

Many Thanks.

[becky2585]

I would say its 50/50.

 

On the one hand, they seem to have followed a fair procedure. On the other, they may not have gone far enough, given that you have a disability and are likely to be covered by the now Equality Act.

 

Did they look at any reasonable adjustments for you? Were there any alternative roles you could have taken?

[postggj]

may i ask if you have a trade union at your garage

 

9 weeks ill health retirment seems small to me

 

normally employers have a seperate policy for a medical discharge, dependant on length of service

 

a business with trade union representation are quite generous on severance packages

[daarab]

Becky:

They have not looked into any reasonable adjustments despite wheat compny doctor said, and there is no alternatie roles apparently.

 

 

9 weeks ill health retirment seems small to me

 

 

I've was off sick for 5 months before they gave me notice.

I'm with unite, but the local rep doesn't seem intrested, just going through the motions so to speak.

[postggj]

contact the unite branch office to make sure you are not being sold down the river

 

i am in the process of ill health retirement due to my knee

 

my severance package is

 

34 weeks wages

12 weeks pylon (pay in lieu of notice)

 

all outstanding holiday entitlement

[stu007]

Hi

 

So your with Unite

 

So I would have expected the Unite Rep to have requested the following documents from your company to fight your case:

 

1. Disiplinary and Grievance Policy and Procedure.

2. Sickness Policy and Procedure.

3. Capability Policy and Procedure.

4. Health and Wellbeing Policy and Procedure.

5. Stress Management Policy and Procedure.

 

Even if you didnt know about these policies the rep should at least have requested these to be able to give a good defence in your case and that management were following there own policies and procedures correctly.