Hi SHWSM, this is very disturbing as I am one of 4 disabled employees who have been targeted for removal. 2 of the other 3 could not take the pressure and yielded to the illegal harassment and left. Another guy who I have known for years and is so nice has left but is taking the employer to a tribunal. It appears disabled workers are being targeted, albeit illegally! Something is not right, this harassment is hate crime! They cannot get away with the targeting of severely ill employees. Are you taking action via the Union (for all they are worth)?
Thanks for your reply. I’m not in a union so don’t have that option; however after discussion with ACAS advisor it may be my employer has a case for ‘capability’. I have a meeting with my manager next week.
i am sorry to read you are one of 4 employees being targeted.
Are you able to return to work following your illness? Are there reasonable adjustments they can make to enable you to continue in your role? This is quite upsetting to hear.
Oh, I understand your position now. Is this not an HSWA 1974 issue rather than an attendance issue, then? As you say, you could go back to work, but under HSWA 1974, it would not be compliant with HSWA to do so. Therefore, why is your employer not looking at reasonable adjustments in the meantime to restructure your job as is their duty of care under HSWA? What advice did ACAS give you on this issue? Have you explored legal advice? ACAS, in my experience, is not the best advocate of legal advice. I instructed an Employment Lawyer, as it is in my best interests to get justice independently. Your case, from what I gather, is more than an Attendance matter for your employer. They cannot force you to work in conditions that would put your health at risk; they should make reasonable adjustments to avoid putting you at severe disadvantage and risk. Have ACAS considered the HSWA risk?
Thanks for your message and for taking an interest. I think from my point of view I cannot think what adjustments they could make apart from supply of PPE. I’m meeting my locum manager next Friday so will have to have a think.
Hi, I would have someone with you when you attend a meeting with your manager, as they should consider reasonable adjustments under Sections 20 and 21 of the Equality Act. Act 2010 and in accordance with their duty of care under HSWA 1974. Be very careful about going alone to meetings with management. I would just note everything they say and ask to agree on a transcript of the conversation for you to sign and agree or refuse to sign and disagree if you are attending on your own or with a witness. You have rights, and I just want to ensure those rights are upheld for you. From my experience, I just want to ensure your rights are being considered and upheld. Please let me know how things go.
