Any HR people about? Health & employment question

[Mandy2003]

If someone is proving incapable of doing their job properly due to a health (disability) issue which prevents them from doing an important part of the job, if they were dismissed could they claim unfair dismissal if they did not declare the disability at the time of applying for the job?

I'll ask for this question to be moved if there's a more appropriate topic for it. Thanks.

Is occ health involved? Have the employer and employee tried to address the problems in any way? Is this an illness or disability? Disability is covered by the DDA where employers have to make "reasonable adjustments".

More info needed op!

not declared?

depends on the job and the disability I believe

I'm so sorry I did not read the OP properly at all

From what I hear, the person applied and accepted the job without declaring that they could not do a critical part of it. It is quite a large organisation so I suppose the relevant departments WILL be involved, if not already.

You might get more response if you post in employment section (you sometimes find some employment lawyers lurking there). Also if you clarify a few things. How long has the person been in the job and is this a permanent health issue preventing them fulfilling the full remit of the role.

Hello
We've moved this to our employment topic
Best o luck with it OP

you need OH advice, doesn't matter if declared or not, legally it could make a difference but proving it...very difficult.
What adjustment can you make? I have difficult case a the moment where the person is so scared of losing their job they won't engage with OH as Driving is a significant part and their job as is art orientated, they are losing their sight, so you would think out of a job...but if they would just engage we could extend their career, they could in the near future be eligible for a driver, and it could be decades until they can't see enough to do their job but verbal description could cover that, someone who is good can visualises based on that.
well meaning managers scupper many a good equality act protected person who can do the job well, but advising them not to declare ill health and then they down the road get a new manager who capability manages them out of the job, because the employee sticks with the story and never gets the help they need,
So if you have a OH bloody use us, it give a small amount of protection for employees, keeps good staff working ans stops the employer worrying about unfair dismissal cos if you do all that and still can't accommodate them you couldn't.