UK Employment Law
UK Employment Law Questions Answered by Verified Experts
I need advice onthis
I am going to lose my job for health reason and would like to know what my entittlement are?
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.
Capability is one of several potentially fair reasons for dismissing an employee under the Employment Rights Act 1996. The definition of ‘capability’ includes competence (skill and aptitude), health (any mental/physical quality) and qualifications.
Whether a capability dismissal is fair will depend on the reasonableness of the employer's decision in the particular circumstances and the procedure that was followed. Basically, the employer needs to show they had reasonable grounds to believe that the employee was incapable of performing their job.
Case law has established that a dismissal on grounds of capability can be unfair if the following key elements have not been satisfied:
Dismissal must always be viewed as a last resort by the employer. This is especially true if the reason their capability is affected is due to a condition that amounts to a disability under law.
Whether a condition is a disability will depend on a number of factors. Disability can have a broad meaning and there is no single list of conditions that amount to a disability under law. Instead, to establish whether a person is disabled for legal purposes, they need to establish whether they meet the legal definition of ‘disability’.
The Equality Act 2010 (“EA”) defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If it appears that the employer has taken a particularly heavy-handed approach and failed to satisfy at least some of the requirements that make a capability dismissal fair, the option exists of appealing to them first before submitting a claim for unfair dismissal, subject to having at least 2 years' continuous service (and possible disability discrimination if the condition in question amounts to a disability) in an employment tribunal.
Thank you where do I stand now with the constant demand this meeting that my employer is demanding to conduct in my home, despite the receipt of the sick note
they cannot force you to allow them to hold the meeting at your house. If you are too unwell to meet with them you can request that it is postponed. they can eventually hold it in your absence but not straight away and not if there has been no previous postponement. Constant demands to see you could eventually amount to harassment
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much
The doctor had given a month off as some test are being done. Could they terminate within the time of my sickness?
It is entirely possible to terminate someone's employment whilst they are still off sick, after all employees who are off indefinitely or on very long absence can still be terminated if a fair procedure is followed, as explained in my original advice. But to justify such a dismissal as fair the employer has to show that there was a good reason to dismiss, so if you were likely to return in the near future or there were pending tests to determine if that is the case, a dismissal would be seen as a knee-jerk reaction and could be unfair.
As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.
I wrote to the personnel that their continuous letters requesting to conduct interview in my home in other to explain why I should not be sacked after they have received my doctors note for not fit for work was harassment. The personnel replied was that 'it was not my intention to harass you'.
Will this letter make a good case for harassment and compensation
What is likely to be the outcome of this, if they are found guilty?
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