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rob thirlby
Member - 1 post
We run a costume hire dept in separate premises with two staff, each doing 14-16 hours a week and volunteer help.
The junior of the two staff has just returned from a period of sickness due to relatively newly diagnosed angina and other heart problems. The job involves use of tall steps and relatively heavy lifting (eg boxes of menswear). She refuses to provide medical evidence of her future capabililty and we are concerned on H&S and occupational health grounds.
We have fully explored possibilities of lighter work but cannot provide this. Can we dismiss her on grounds of incapacity?
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Evelyn Styles
Member - 9 posts
Dear Rob
I refer to your query.
I would advice against dismissing her until you have obtained a medical report clarifying her capability/fitness to return to normal duties now or in the future. In the absence of her providing medical evidence you should treat her refusal as a disciplinary matter and act in accordance with your company internal disciplinary procedure. Preferably three warnings then dismissal if she refuses to co-operate.
Do not hesitate to contact me if you require additional advice.
Kind regards.
Evelyn Styles
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