baldrick
hmmmmm
i have no idea what she should do in this situation, but that email looks like dynamite to me
hope your friend gets this sorted somehow.
Colleague potentially in trouble over illness
- Thread starter cliche guevara
- Start date
hope your friend gets this sorted somehow.
Good link and I agree with what it says
It really is an annoying attitude and all too prevalent, I agree. People need to learn more about disability, however, the base fact is that employing someone with a disability presents problems for any business. Problems they have a moral and legal responsibility to address, yes, but problems nevertheless and there is absolutely nothing wrong with acknowledging that.
Boczkowski
has 'deleted his account'
Hmmm
cesare
shady's dreams ♥
I don't agree with your 'base fact'.
Well, that's your right.
baldrick
hmmmmm
you keep banging on about it though.
what about the contribution the disabled employee makes? is that not something worth repeating too?
Absolutely it is, yeah, but that isn't the point I'm arguing is it? I've said that the company has a legal and moral responsibility and that people have a right to work, so that should make my position pretty clear. If not then, yes, I accept the contribution people make too.
cliche guevara
Well-Known Member
i have no idea what she should do in this situation, but that email looks like dynamite to me
hope your friend gets this sorted somehow.
Unfortunately at the minute it's good for absolutely nothing, as management don't know she's seen it. All it's doing is bringing her down while she waits for the inevitable meeting, where it will have been predecided what to do with her.
She was told recently that her going down to a four day week had already been authorised, and was just waiting to be put in place by HR.
Thank you all for your help so far.
It won't be much comfort to her at the moment, but she's got a case for unfair dismissal as it seems like the decision is based on her condition, not anything else.
cesare
shady's dreams ♥
If I were her, I'd drop the HR department an email thanking them for agreeing to the 'reasonable adjustment' to accommodate her disability and asking when it's going to take effect because it's already been 4 weeks since the decision and the effect of the wait is debilitating.
scifisam
deleted
They definitely cannot legally demote her because of her illness. She's covered by the DDA, and they'd have to prove that the adjusment (going down to four days) was not reasonable. Since that was recommended by their own company doctor and since her job doesn't sound like it needs to be on site all the time, they wouldn't have a leg to stand on in court (so to speak).
In general, a colleague with disabilities or illness should not cause big problems for any company. The company will need to make some changes, but many of these can be part-funded by help from the government (in the form of grants or tax breaks).
Colleagues certainly shouldn't suffer because of an employee's disability; if they do, it's because the company isn't actually making the reasonable adjustments that they should be, or because that particular employee would be difficult to work with regardless of their disability.
When such adaptations for disabilities have been made, the company benefits by having much better employee retention rates, and having access to a larger pool of skilled workers when it comes to hiring the next lot of staff. Win-win.
In general, a colleague with disabilities or illness should not cause big problems for any company. The company will need to make some changes, but many of these can be part-funded by help from the government (in the form of grants or tax breaks).
Colleagues certainly shouldn't suffer because of an employee's disability; if they do, it's because the company isn't actually making the reasonable adjustments that they should be, or because that particular employee would be difficult to work with regardless of their disability.
When such adaptations for disabilities have been made, the company benefits by having much better employee retention rates, and having access to a larger pool of skilled workers when it comes to hiring the next lot of staff. Win-win.
scifisam
deleted
Yep - she could be given another position at the same level. But they'd have to prove her current job really did need her to be full-time even then.
Re-engagement in a different position could be construed as demotion though, couldn't it? Has to be a "reasonable" offer but I could see how it could be misinterpreted by the employee.
scifisam
deleted
Some of it's straightforward, though - the salary (pro rata), contracted benefits (such as access to bonuses) perks and intangible benefits would have to be the same.
If they let her go part-time, though, they'll save money. Seems odd that they'd argue against it - lots of employers really do seem to dislike having part-time employees, bizarrely.
cliche guevara
Well-Known Member
It looks like she's safe for the time being, she's just seen an email from our HR bloke to our management, basically saying that they can't demote her, and that a four day contract must be sorted it ASAP. It's still worrying though, as management clearly want rid of her, and the email from HR bloke did say that if she was no longer able to fulfill her job role (managements argument) then other options would have to be discussed.
She could argue that the email has left her in a non-viable position with regards to carrying on. Hard to motivate yourself to work when it's been made clear you aren't wanted.
cliche guevara
Well-Known Member
She wasn't meant to see it though... If she says that she has seen it then she's admitting that she still has access to her old bosses inbox, which has proved to be quite a valuable resource!
Very famous case (forget the name) dictates that it matters not how the evidence was obtained, only that it is relevant
Boczkowski
has 'deleted his account'
missed that earlier - aye, it is
Sorry mate but that sounds like utter rubbish.
I can find the case if you'd like. Any other law bods back me up on this one? Comes from about 100 years ago...
I totally took a bullet for you too, HM, you ungrateful fuck.
That's why it hurt me so much to point out your gaff.
As for taking the bullet, you're a star
It's quite clear you don't have ME as you're giving 100% 
Augie March
blahem
It's quite clear you don't have ME as you're giving 100%
Twat.
Boczkowski
has 'deleted his account'
cock
Augie March
blahem
Twatcock is a pretty apt description actually.
