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steve boyle
Member - 3 posts
To B Panchal, Andrew Cummings is correct in what he is saying, it will fall on the opinion of the medical, scheme rules and trustee's.
An alternative is medical separation based on the number of years the person has worked for you, a form of redundancy. You only have to aid them in applying for pension.
If the employee has stated that they feel that they are no adjustments that could allow a return to any role and you have considered all roles available and all possible adjustments, then you could fairly seek termination on capability, But you must follow the the strict guide lines and make sure all minutes are agreed by both employer and employee. Your medical opinion has to clearly state that they are not fit to return to work and that no adjustment would enable a return to work, if the employee has raised or mentioned adjustments could be made, you should carry out risk assessment with them involved and make sure report is agreed and signed by both. You can consult ACAS on how best to proceed if you choose to terminate, but make sure you have communicated and tried all possible avenues to retain them in employment and make sure you have agred minutes especially on the fact the employee states that no adjustment would make any difference.
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steve boyle
Member - 3 posts
To Philip Jeffs, Please be aware that they are two qualifing parts, It has to be substantial(more than minor or trival) and long term(longer than 12months), the second part is that it must affect your day to day activities i.e mobility/the ability to concentrate.
Any risk assessment relating to machinery or car use could leave you open to your employer insisting that due to health and safety they can't allow you to continue in your current job role if any said adjustment are disportionate.
They could redeploy you if this is the case and it could be to a lower paid job as long as no other equal or higher roles with training available.
Worst case if risk assessment comes back stating a risk to your health and safety and the employer has no other roles they could move for dismissal on capability grounds as long as they have consider adjustments, if they start this route they should assist you in applying for your company pension.
Good Luck
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steve boyle
Member - 3 posts
In reply to B Panchal, You have a duty to consider/make reasonable adjustments to enable the employee to return to work, why has it taken four years to return this employee to work with adjustments? If a reurn to work review meeting was conducted this would enable you to assess what the employee feels he needs to return and OH can assist, but if the employee insists his capable of work with the adjustments, and you do not, then consider a joint independeant risk assessment.
If you and the employee still can not find away to enable return then you should aid them in applyng for their pension which will involve a medical. Don't always go for dismissal as some people aggressively suggested as this will potentially lead you into a tribunal claim. Its about communication and exploring all possiblilities including medical retirement. If medical retirment is not an option then you will have to follow your termination procedure, this will end in a claim for unfair dissmal if the employee is not statisfied with the way they are dealt with or if they feel you could make adjustments or you failed to assist in applying for their pension.
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