I lost my job this week. I had an extended absence at the beginning of this year, due to long term illness my employer was aware of, but haven't missed a shift in over a month. During my absence, I had two occupational health assessments - the first said I was unfit for work; the second said I was fit to work but only part time and it is also likely I may have more absences due to my long term condition. During all this time I asked for home working, but my manager refused due it being a "waste of time", despite their being open positions on other teams that exclusively WFH.
At my attendance review meeting, the decision maker said that based on my past sickness, and because the OH report says I am likely to be unwell in the future, the business can't support my continued employment, choosing to dismiss me rather than issuing a final written warning. My union rep who was in the meeting was a bit shocked, saying he has never seen an OH report to go against someone, and will consult with his colleagues as to if this is allowed.
TL;DR I feel I have been dismissed due to my disability, but don't know if it was a valid decision.
>>13790 Employers have the right to fire someone if it is impossible for them to do their job including illness and disability, but they have a legal responsibility to attempt to find ways to support a disabled person such as reduced hours or moving you to another position if one is available.
In your case it definitely sounds like unfair dismissal and discrimination. Usually companies will try and weasel their way through the situation to find a less questionable excuse for showing someone the door, but to have explicitly told you that they're firing you due to speculative future events is indefensible especially if there is alternative work you could reasonably do instead.
>During all this time I asked for home working, but my manager refused due it being a "waste of time", despite their being open positions on other teams that exclusively WFH.
As far as I understand the law, they are obligated to offer you a different role or position first before sacking. If they haven't allowed you the opportunity to do that it should be an open and shut case.
Not that it should really make a difference, but what's your disability? How long have you had off?
What a lot of companies seem to do nowadays is just push their luck with this sort of thing in the hopes you won't have the resources/willpower to fight it, and lean on their "sickness policy" as though anyone having over 10 days off is self-evidently a skiving bastard. It's the sort of thing Capita can get away with when they sack a 21 year old call centre operative for having too many Monday sickies, but if you work somewhere serious enough to have a union and occy health department it shouldn't happen.
