Employment law advice urgently required, please?
Discussion
The situation is as follows (apologies for long post)
My sister's OH is a coach driver. He's been given a 95% diagnosis of Motor Neurone Disease; they're still running tests so won't give him 100% diagnosis yet but it's not looking good.
His employer has suspended him, on full pay, on the grounds that the company doctor says he is medically unfit to drive PSVs, despite his own GP and consultant being fine for him to continue. He's now been called to a meeting this Thursday to "discuss his future".
As far as I know he's not declared to his employer his illness as it's not 100% and he is waiting for that confirmed diagnosis, they just know that he's had some problems and is undergoing tests.
While he's suspended he remains on full pay. He's not given them a medcert, and if he does he won't get sick pay, just SSP.
A short while ago he was taken off driving duties for a few months while he carried out individual route risk assessments which the parent company had insisted upon. He was then returned to driving duties before this was all finished. The risk assessments still need to be carried out, this is something he could do from home or from the office as he was previously.
Also, the company are actively looking to reduce costs and have offered employees a pay-off if they agree to reduce their weekly hours. So he's potentially an easy target for them if they're looking to cut costs quickly.
So, for the meeting on Thursday, some questions about how to approach this to protect his interests and longer term, those of my sister who sadly will ultimately become his widow possibly in the not too distant future. We're assuming that Thursday's meeting isn't likely to be good news..
- if he's not declared the exact nature of his illness is he still covered by the DDA?
- therefore should they not be making reasonable adjustments to accommodate him? - as above he could return to the risk assessments, either from their offices or from home
- if they try to sack him / pension him off on Thursday where will he stand if he then produces a medcert from his GP? Would they then be required to consider the DDA etc, or would it be too late?
- are there any set formulae for calculating pensioning-off payments? - I'm wonder how a sum from the employer would compare with a death in service sum from the union?
It's all a bit of a mess and we're all keen that they don't do anything that will jeopardise them financially in the short or long term. It's not a case of being greedy, it's more about making sure that they don't shaft him and that my sister will be looked after, preferably without any unnecessary battles to be fought - they've got more than enough to cope with as it is :-(
Any constructive advice would be very much gratefully recieved - feel free to PM me if you prefer.
many thanks in advance.
My sister's OH is a coach driver. He's been given a 95% diagnosis of Motor Neurone Disease; they're still running tests so won't give him 100% diagnosis yet but it's not looking good.
His employer has suspended him, on full pay, on the grounds that the company doctor says he is medically unfit to drive PSVs, despite his own GP and consultant being fine for him to continue. He's now been called to a meeting this Thursday to "discuss his future".
As far as I know he's not declared to his employer his illness as it's not 100% and he is waiting for that confirmed diagnosis, they just know that he's had some problems and is undergoing tests.
While he's suspended he remains on full pay. He's not given them a medcert, and if he does he won't get sick pay, just SSP.
A short while ago he was taken off driving duties for a few months while he carried out individual route risk assessments which the parent company had insisted upon. He was then returned to driving duties before this was all finished. The risk assessments still need to be carried out, this is something he could do from home or from the office as he was previously.
Also, the company are actively looking to reduce costs and have offered employees a pay-off if they agree to reduce their weekly hours. So he's potentially an easy target for them if they're looking to cut costs quickly.
So, for the meeting on Thursday, some questions about how to approach this to protect his interests and longer term, those of my sister who sadly will ultimately become his widow possibly in the not too distant future. We're assuming that Thursday's meeting isn't likely to be good news..
- if he's not declared the exact nature of his illness is he still covered by the DDA?
- therefore should they not be making reasonable adjustments to accommodate him? - as above he could return to the risk assessments, either from their offices or from home
- if they try to sack him / pension him off on Thursday where will he stand if he then produces a medcert from his GP? Would they then be required to consider the DDA etc, or would it be too late?
- are there any set formulae for calculating pensioning-off payments? - I'm wonder how a sum from the employer would compare with a death in service sum from the union?
It's all a bit of a mess and we're all keen that they don't do anything that will jeopardise them financially in the short or long term. It's not a case of being greedy, it's more about making sure that they don't shaft him and that my sister will be looked after, preferably without any unnecessary battles to be fought - they've got more than enough to cope with as it is :-(
Any constructive advice would be very much gratefully recieved - feel free to PM me if you prefer.
many thanks in advance.
s-w-p said:
The situation is as follows (apologies for long post)
My sister's OH is a coach driver. He's been given a 95% diagnosis of Motor Neurone Disease; they're still running tests so won't give him 100% diagnosis yet but it's not looking good.
His employer has suspended him, on full pay, on the grounds that the company doctor says he is medically unfit to drive PSVs, despite his own GP and consultant being fine for him to continue. He's now been called to a meeting this Thursday to "discuss his future".
As far as I know he's not declared to his employer his illness as it's not 100% and he is waiting for that confirmed diagnosis, they just know that he's had some problems and is undergoing tests.
While he's suspended he remains on full pay. He's not given them a medcert, and if he does he won't get sick pay, just SSP.
A short while ago he was taken off driving duties for a few months while he carried out individual route risk assessments which the parent company had insisted upon. He was then returned to driving duties before this was all finished. The risk assessments still need to be carried out, this is something he could do from home or from the office as he was previously.
Also, the company are actively looking to reduce costs and have offered employees a pay-off if they agree to reduce their weekly hours. So he's potentially an easy target for them if they're looking to cut costs quickly.
So, for the meeting on Thursday, some questions about how to approach this to protect his interests and longer term, those of my sister who sadly will ultimately become his widow possibly in the not too distant future. We're assuming that Thursday's meeting isn't likely to be good news..
- if he's not declared the exact nature of his illness is he still covered by the DDA?
- therefore should they not be making reasonable adjustments to accommodate him? - as above he could return to the risk assessments, either from their offices or from home
If he is disabled within the meaning of the legislation the duty to make reasonable adjustments arises when the employer knows or reasonably ought to know that he is disabled. The fact that he has seen the company doctor and been suspended from work, in my opinion, should put the employer on notice of any disability and they should make enquiries accordingly. My sister's OH is a coach driver. He's been given a 95% diagnosis of Motor Neurone Disease; they're still running tests so won't give him 100% diagnosis yet but it's not looking good.
His employer has suspended him, on full pay, on the grounds that the company doctor says he is medically unfit to drive PSVs, despite his own GP and consultant being fine for him to continue. He's now been called to a meeting this Thursday to "discuss his future".
As far as I know he's not declared to his employer his illness as it's not 100% and he is waiting for that confirmed diagnosis, they just know that he's had some problems and is undergoing tests.
While he's suspended he remains on full pay. He's not given them a medcert, and if he does he won't get sick pay, just SSP.
A short while ago he was taken off driving duties for a few months while he carried out individual route risk assessments which the parent company had insisted upon. He was then returned to driving duties before this was all finished. The risk assessments still need to be carried out, this is something he could do from home or from the office as he was previously.
Also, the company are actively looking to reduce costs and have offered employees a pay-off if they agree to reduce their weekly hours. So he's potentially an easy target for them if they're looking to cut costs quickly.
So, for the meeting on Thursday, some questions about how to approach this to protect his interests and longer term, those of my sister who sadly will ultimately become his widow possibly in the not too distant future. We're assuming that Thursday's meeting isn't likely to be good news..
- if he's not declared the exact nature of his illness is he still covered by the DDA?
- therefore should they not be making reasonable adjustments to accommodate him? - as above he could return to the risk assessments, either from their offices or from home
Employers do defend themselves - successfully - because they did not realise an unwell employee could be disabled.
My advice is to inform his employer that he believes he is disabled and that he should be treated accordingly. He is not obliged to disclose the details to his employer, in particular those outside of occupational health, however the less he tells them the more difficult it can be for them to make adjustments.
s-w-p said:
- if they try to sack him / pension him off on Thursday where will he stand if he then produces a medcert from his GP? Would they then be required to consider the DDA etc, or would it be too late?
It depends on whether a tribunal judges that they should have known he was disabled without it. He is best advised to raise the issue of disability at the meeting. Zeeky said:
Specific naturally. Qualified yes. 
So is this advice indemnified in the event it's flawed?I'd still like to know what you're qualified in, other than pedantry of the highest order, as you've already declared that you are neither a soliciotr nor a barrister, despite your posting style.
This is a period of concern for both employee and employer. In this sort of situation both the employer and the employee should approach the situation with an open mind. Thus far it seems that both parties are acting reasonably, the employee by disclosing and the employer using precautionary suspension with full pay.
The situation needs to be guided by medical advice and I would be very surprised if the employer did anything rash in the meantime that might expose them to the risk of an unfair dismissal claim.
Some employers buy insurance that allows them to offer compensation to employees who for reasons of ill health can no longer perform their duties. In addition, if there is a company pension scheme there is the possibility that ill-health retirement might be appropriate.
In discussing issues with the employer I would recommend to the employee is open and honest. Making the assumption that the company is setting out to screw him is not constructive. The employee should take notes, ask questions such as “what if…” etc. If there are any non-driving positions that might be considered then offering to do some non-driving duties whilst the precautionary driving ban persists would be reasonable.
DVLA will also come into the loop, their involvement should be seen as positive in that it will remove any subjectivity as to fitness to drive or not. Clearly if they revoke the licence or not it gives a clearer steer to the parties. (Excuse pun)
If the employer acts unreasonably then that is another matter.
The employee should take notes, take notes and take notes. Did I mention take notes?
The situation needs to be guided by medical advice and I would be very surprised if the employer did anything rash in the meantime that might expose them to the risk of an unfair dismissal claim.
Some employers buy insurance that allows them to offer compensation to employees who for reasons of ill health can no longer perform their duties. In addition, if there is a company pension scheme there is the possibility that ill-health retirement might be appropriate.
In discussing issues with the employer I would recommend to the employee is open and honest. Making the assumption that the company is setting out to screw him is not constructive. The employee should take notes, ask questions such as “what if…” etc. If there are any non-driving positions that might be considered then offering to do some non-driving duties whilst the precautionary driving ban persists would be reasonable.
DVLA will also come into the loop, their involvement should be seen as positive in that it will remove any subjectivity as to fitness to drive or not. Clearly if they revoke the licence or not it gives a clearer steer to the parties. (Excuse pun)
If the employer acts unreasonably then that is another matter.
The employee should take notes, take notes and take notes. Did I mention take notes?
Thanks all.
He's now officially signed off sick, while the employer considers whether it's possible for him to be given non-driving duties. It sounds unlikely though, despite the fact that he was on non-driving duties for some time & bearing in mind the company are already looking to cut costs with the other staff...
He's now off sick, certified, for which he won't get company sick pay. But, surely if DDA is now appropriate he should be on full pay "gardening leave" while they figure out this next step?
IMHO the TU rep really isn't representing him as well as could be expected. I've suggested they go up a tier for representation - he's not paid his subs for all those years to now be let down by an ineffective TU rep :-(
He's now officially signed off sick, while the employer considers whether it's possible for him to be given non-driving duties. It sounds unlikely though, despite the fact that he was on non-driving duties for some time & bearing in mind the company are already looking to cut costs with the other staff...
He's now off sick, certified, for which he won't get company sick pay. But, surely if DDA is now appropriate he should be on full pay "gardening leave" while they figure out this next step?
IMHO the TU rep really isn't representing him as well as could be expected. I've suggested they go up a tier for representation - he's not paid his subs for all those years to now be let down by an ineffective TU rep :-(
Tricky one. Why did he get signed off sick? Is he currently actually ill with the disease?
If the company ask him to stay off on medical grounds then he gets paid, if he gives a sick note then it changes things somewhat as he is sick as opposed to on medical suspension. Does that make sense?
If the employer pushed him to get a note from his own GP then that is naughty. They should have gone with their own medical advice of suspension and looked at reasonable adjustments. He would have been on full pay during this process.
If the company ask him to stay off on medical grounds then he gets paid, if he gives a sick note then it changes things somewhat as he is sick as opposed to on medical suspension. Does that make sense?
If the employer pushed him to get a note from his own GP then that is naughty. They should have gone with their own medical advice of suspension and looked at reasonable adjustments. He would have been on full pay during this process.
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