Can my Dad be sacked for this?

[Bogeyface]

C&P from my post on Chat!

Bogeyface Wed 23-Mar-11 13:11:37

Posted yesterday that his license has been taken away because he is losing his sight. He is already deaf.

His job requires him to make site visits and therefore his car is essential. If he cant drive then he cant do his job. He has been signed off work for a month by the hospital to allow time to get his next lot of treament and allow it to work in the hope that his license can be reinstated.

I know that people can be sacked for sick absence, so could they sack him for this? I have suggested that he look into whether he can qualify to register as partially sighted so then anything to do with his eyes means that he is protected workwise, as it would be disability discrimination wouldnt it?

But I suspect he wont as he doesnt want to face the fact that this is a permanent thing and I am worried that this means that his work can just sack him, and there is no comeback. He is 60 and had planned to work the next 5 years afaik.
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Bogeyface Wed 23-Mar-11 13:12:34

Sorry, I should add that because of his eyes he has had alot of time off this last year which is why I am worried they can sack him.

Well unfortunately it does sound like he's become or is becoming unable to do the job he was contracted to do. That said, would there be other roles he could move to in the company rather than an outright off you go? I don't think he can be sacked while signed off though.

Oh dear, your poor Dad. Suggest you or he calls the ACAS helpline and the Equalities Commission.

Mini's right, if his sight doesn't recover the company should look at other roles he can fulfill rather than just sacking him. Company has to be made aware that he's developed a disability though, rather than a short-term illness that he will recover from.

Even if they do dismiss, there are procedures they have to follow to make sure it is all above board - ACAS and Equalities Commission will be able to help you here. If the company slips up in procedures, that's usually helpful for the claimant at a tribunal, as it's a concrete fact the panel can grasp.

If he can't do the job then yes he can be dismissed. Not as punishment for a poor sick record, but for 'capability' reasons - ie he is physically not capable of fulfiling the job. You mention the possibility of getting his licence back, so if this is temporary thing that may be different.

If it became clear he will not be able to do the job in the reasonably near future they would need to explore whether there were any other jobs he could do/any adjustments they could make before dismissing him.

He may be covered under the provision for disability under the Equality Act. However, a disability is defined by the act is substantial and long term. So if your father's eye sight might get better then he may be excluded from that definition and therefore protection.

However, if he is covered his employer must look at making reasonable adjustment. What is reasonable depends on issues of cost and role availability. It may be that the company provides a driver for the site visits if they are necessary and infrequent. It may be the company cannot afford to do that so they would need to look at other options including whether he could be moved to another role.

The best thing to do is to keep the dialogue with the employer going. If they don't know they have no responsibility. HR should be involved and possibly occupational health.

Your dad might decide that if he's not covered under the disability protected characteristic that he will pay for his own driver for the days he needs to go out on site and that's an expense worth paying to keep his job.

What his employer cannot do is dismiss him without exploring all options, especially if he's covered by the EA provision. If they cannot make reasonable adjustments medical retirement may be the best option. But that decision should be made in consultation with your dad.

Hope his sight can be repaired. It must be very worrying.

ACAS have produced a guide to the new act here Disability is from page 5. It covers issues like reasonable adjustment.

Oh, wrote a whole post that basically says the same as Katie. But will post it anyway.

If he can still do his job once he gets to the site, providing a driver or allowing him to take taxis is an adjustment which will allow him to continue his job. It might not be a reasonable adjustment, because of cost, but might variations on this be worth exploring?

Also, DLA mobility allowance won't by any means cover the whole cost of such transport but could chip in, if he's eligible.

Strongly suggest he gets proper advice from CAB or RNIB or any other disability advice organisation (google for local ones).

For reference.
A person is defined as having a disability if "they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. For the purposes of the definition:
substantial means more than minor or trivial
long-term means has lasted, or is likely to last for at least a year or for the rest of the life of the person affected"
Understanding Disability and the Equality Act 2010

Also useful:
Info on Disability Discrimination Act 2005

Assuming his licence isn't reinstated, has he actually given any thought to how he could stay in his job/another job with his employer? Does he have ideas about how his employer could keep him on in terms of either adjusting his current role/performing it another way or finding something else?