Employer dismissal

katwater51

has anyone been through the procedure at their work where your employer dismisses you because you can’t do your job anymore. I’ve looked at the guidance on the ACAS website, and it isn’t very detailed, and it just says in summary “negotiate as much as possible and try adjustments first.” If it has happened to anyone I’d be grateful to know your experience. Thanks

Jimm_Scope

Hi @katwater51, my partner has had to go through a dismissal on those grounds before. Though, she could do her job with minor adjustments, they just refused to enact them. It can be a very stressful process, I hope you're doing okay.

Can I ask, have you had a occupational health review? It can also depend how long you've worked at your employer for, you get a lot more protections after 2 years.

katwater51

Thanks @Jimm_Scope for your reply. I’m sorry about what happened to your partner. This is a really worrying situation to be in.

so yes I have been here for over 2 years. Also we are trying many reasonable adjustments including an AtW grant that I got for specialised equipment, and flexible working hours and working from home. 

I’m also under treatment and investigation for various medical conditions and they are trying new meds on me so I’ve some small amount of hope I may improve. (On the other hand it has been 10 years like this, so I’m managing my expectations.) 

Regarding occ health, yes I have a report back in May. It said my conditions were unlikely to improve in the near-medium future. He also said I was fit to work with adjustments but whether the adjustments would be reasonable was another question. It also said several condtions were suspected and being investigated. He was slapdash and got the qualifications of my consultant totally wrong which surprised me… not sure about the quality of his work if you see what I mean. He also used ableist terms and indicated a lack of knowledge about mental health impact of chronic illness. 

I just have no idea whats going to happen next. I just completed a trial period of trying to produce more at the request of my employer. Unfortunately it didn't go well. I started all excited and keen, thinking I could do it. We even scheduled it with really slow increases. But it after 3 weeks or so gave a massive flare up of symptoms. I am due a review meeting in several days time… 

Jimm_Scope

Have you tried calling ACAS to speak to an advisor maybe? 

That Occupational Health assessment does sound a bit... not sure how to put it. I remember my partner had one and the employer had her specifically answer the question "Is she covered under the Equality Act". Which only a tribunal can answer. 

She eventually went through negotiations and avoided a tribunal, she'd been there less than 2 years so had a lot less protections the people over 2 years. 

Do you also have a union in your workplace at all?