employment law - unfair dismissal

[paul griffin]

i am off with long term illness since jan 2003 and awaitin an operation, NHS recourses are not good. my emoployesr now wish for me to have an independent medical assessment . I am 49 with have worked for 31 years. My fear is that they may dismiss me because my job is not sustainable. I cannot get a suitable way forward from my employers and am worried. I do not receive any form of income and see my specialist again at the end of July. I sthere a case for going on health grounds or early retirement? I would not like to be dismissed and be destitute. I have a wife and two children.

[sft42]

Your employers have every right to have their own doctor examine you should they so wish......This part of employment law is tricky but if you can find a mutual way of leaving the job the suit you both that might be best given that you sound as if you wish to leave the post anyway by the tone of your question......If you are going to be long term unfit to do your job then you can be dismissing on health grounds, so I would find ask your employers to hold off till you can get a report from your specialists meeting next month and present them with the results of it and see if this gives you more hope.

[apricot]

Employers do dismiss staff for lack of capability due to ill health. I suggest you ring CAB and get advice from them. They may be able to do a home visit if you can't travel. You must be worried, take care and good luck.

[honkytonkman]

It's very common for the employer to ask for your health problem to be assessed if you've been on long-term sick leave. There might be a way of retaining your job but in a different Dept etc or with concessions to your ailment but first the employer needs an independent assessment. Your employer can 'medically retire' you on the basis of health grounds but I wouldn't automatically accept if you can help it, as it could make you appear less employable in the future ' harsh I know, but possible. If this happens you could claim invalidity benefit so you won't be destitute. I'd phone the Citizien's Advice Bureau for up-to-date information on what the best course of action will be, and which benefits you may be eligible for. Most of all don't worry! This is what the Social Security system is all about; it is there to help you and you've paid into it for 31 years! All the best for the future.

[vittoria]

I suggest you ask the CAB how to get in touch with a law centre where you should get advice from a solicitor. Dismissal for ongoing illness (incapacity to do job) is a potentially fair reason for dismissal; I stress the potentially fair, which basically means it could be fair or it could be unfair. There is also the issue of disability to be looked at which I don't know enough about.