Can my employer make me redundant due to ill health?
Can you make someone redundant due to ill health? An employee cannot be made redundant due to ill health, although they can be fairly dismissed on grounds of capability, as long as the employer has acted reasonably in all the circumstances and made any reasonable adjustments within the workplace, wherever possible.
Can I give up work due to ill health?
Your employer is not allowed to suggest ill health retirement as a way to get you to leave the company. This could be disability discrimination because ill health retirement is your choice. Your employer should make reasonable adjustments to allow you to work if you feel able to.
Can an employer refuse to reduce my hours for health reasons?
If your illness amounts to a disability, which is a mental or physical impairment that affects your day to day abilities and lasts for a substantial period of time, your employer is obliged to make reasonable adjustments to enable you to continue working.
What should you do if an employee leaves work due to illness?
Ensure the absence has been dealt with in accordance with your published absence/capability policy or procedure. Consult with the employee and keep in touch regarding their condition and their prospects of a return to work. With the staff member’s permission, commission a report from a medical practitioner.
Can an employer dismiss an employee due to long term sickness?
Can an employer dismiss an employee due to long term sickness? It’s a common thought that Employers are expected to keep a sick employee’s job open indefinitely, however this is not the case – although it is necessary to follow a fair procedure to manage a long term absence situation.
Why do I have to work 9 hours a day?
I am contractually required to work nine hours per day but, due to health reasons (osteoarthritis), I’ve asked my employer to reduce my hours to seven per day. I have a letter from my GP which states that ‘a reduction would be beneficial to my health’ etc.
When to dismiss an employee due to ill health?
The process is normally instigated by the employer when an employee has been absent for a long period, or periods, due to ill health and is unlikely to return to work. The employer may also consider the option of dismissal on the grounds of incapacity as a result of the long-term illness.
When to give the employer the right to remedy the situation?
Where the work is detrimental to the claimant’s health AND the claimant is genuinely desirous of preserving the employment relationship, the claimant reasonably should give the employer the opportunity to remedy the situation.
Ensure the absence has been dealt with in accordance with your published absence/capability policy or procedure. Consult with the employee and keep in touch regarding their condition and their prospects of a return to work. With the staff member’s permission, commission a report from a medical practitioner.
When to leave work due to health and safety considerations?
Taking steps within his or her own control . . . In P-B-287, the claimant worked for the employer as a telephone operator. She left work on July 2 due to nervousness. She saw her doctor on July 6 and he certified her as disabled through September.