39 years with same company now getting rid of me!!

[nevis42]

A year ago I developed a skin rash and swollen eyes.....a couple of times they sent me home. When my eyes were bad I had to take time off work which resulted in me being a written warning. My union argued the case my rash was work related but the warning stood. I only have the problem at work, which is an engineering company where I work with various metal and copper powders. I had to see company Dr before I went on holiday last November. Came back from holiday and was told to go straight to HR. Apparently the Dr said I had to stay away from all areas with traces of powder. They put me into admin where I was for 3weeks doing menial work. Eventually head of HR called me into office, told me there was no work in there and I would likely be out the door Well you can imagine the shock! I asked about payoff as it was medical but she just said no, I would go with nothing as I'm incapable of doing my job. I had a meeting with HR, my union, health and safety plus the director. It was obvious they wanted me out. I went home upset in December and have been off with stress since. Company had me go for patch tests which proved I was now allergic to various metals. Seen company Dr last week who told me it would be impossible to return to manufacturing and up to the company what happens next.
I feel upset and in total limbo not knowing if I have a job to return to or not. My union is going to support me all they can. But it hurts that after 39 years they can treat me like this!!! Sorry for such a long post...

Have you seen your own GP and asked for a referral to a specialist dermatologist? The company doctor can't be impartial, and you need your own doctor's diagnosis and referral to hospital specialist.

If your occupation has made you ill then you need to find out for sure.

I can see truly how hard and upsetting this is nevis and being told you can't work due to being unable to fulfil your contractual role is not exactly uplifting for you. However, you need to understand that the Company can't keep someone on their books if they can't do the job that is required.

This isn't to say you can't ever work, just not in this particular industry / setting. I say this as a HR professional and one who has had to help and guide people, in similar situations to yourself, that they're unable to fulfil their role. It's hard and not nice going through this but if a medical professional (and I disagree with the previous poster about them not being impartial, they have to be impartial if they want to keep their license) is stating that working is causing the skin problems, as a Company they are at risk by not taking action.

It feels to me as though HR haven't done their job properly by thoroughly explaining the process.

They should be considering reasonable adjustments for you - but they will have to consider any risk posed to you from the substances being used. Therefore, if there are no alternative jobs viable (ie admin / office work) then they could be in their rights to issue notice of termination of contract. A decent employer would do this tactfully and ensuring the process is followed carefully and with sensitivity to you.

I hope it gets sorted.

The company did pay for me to see a dermatologist and that's how the allergies were discovered. However I was also given a huge folder of COSH sheets which I had not seen before and which the health n safety guy was reluctant to hand over. Even the company nurse was shocked at the warnings of the powders I work with....allergies plus cancer. On one you were not allowed to wear contact lenses of which I wore for 20+ years! Is that why at the age of 50 I have had cataracts removed? I thank you for your replies and I'm sure you appreciate my anger

You have a different fight on your hand nevis other than an employment law fight.

I would strongly urge you to find a decent injury solicitor; not just a no win no fee, one that specialises in long term health issues (I'm currently involved in a health claim from an employee of a Company we acquired in the 1970's who has a serious health complaint). You will have legal rights to the documents that you have seen.

Good luck

This is disgusting! OK they may be within their rights but it is morally disgusting after 39 years loyal service they kick you out the door with nothing! I don't know much about employment law but I hope you can get some sort of compensation.

Gosh, this is truly shocking and I can't believe the way they are treating you after 39 years of loyal service!
It sounds to me like they have something to hide. Get yourself a solicitor ASAP. This needs sorting and you should get a pay-off or some sort of compensation. Goodness knows what you, and other colleagues, are exposed to. And cataracts at 50? Mmmmm, does sound like it is related to your job. This could be a MAJOR compensation claim.

This is awful. I clicked on this link thinking them getting rid of you after all this time was bad enough, but then to learn your health has suffered because of working for them! It's just too much.

I'm not a legal expert but you should fight this!! It reminds me of that case in the US where a factory declared that all its female (not male!) workers had to be sterilized and some were given hysterectomies. If they refused they would lose their jobs. Some left, others stayed and got the ops> Then the company turned around and fired them anyway when they didn't need them anymore.
Obviously this isn't quite as bad as that situation, but it's not far off! You have a great case because of the information you have now been given regarding the metals and how this can affect health. I hope you get an enormous pay out. Good LUck!!!

you need to look at this as two separate issues.

1. You have an allergy to metals, they can't guarantee no contact and don't have suitable alternative work for you, therefore there is no longer a position for you. Sucks but they can argue it.
2. Why are you now sensitized? If it's work related then you have a claim to compensation and need to see a lawyer fast, but not just any , find one with experience in this sort of thing and your industry. Shop around, use legal advice from your union. Hang onto those COSHH assessments and before you leave get copies of procedures, photos of workplace, storage areas etc. But be careful, they will be fully expecting a claim and will already be trying to put a defense together and get there house in order.

As you can prob tell, I work in H&S!

Nevis, You do have two issues.

1. You are being unfairly dismissed. Your employer thinks that by letting you go is removing the problems associated with your health. They cannot do this.
2. Anyone can become sensitised to a product if they are exposed to it and its harmful properties over a period of time which in your case has happened. Its ok giving you a folder of COSHH sheets but your employer should have carried out workplace assessments based on the information they contain, how to use it, PPE, information instruction and training on its use and lastly put controls in place to prevent you from being exposed and therefore harmed. It sounds like this was not done and this is illegal.

The only good thing in your favour is that you are in a union and they have specialists in place to deal with this sort of thing unfair dismissal and personal injury but you must by pass your workplace rep and contact your regional office asap or failing that ring the TUC in london direct and get some assistance straight away. They will put you in contact with a solicitor.

If they have never given you the COSHH data sheets before now, or training or provided PPE, or carried out regular risk assessments, set up s safe system of work for you, then might there be some employer's negligence under the Health and Safety at Work Act? I am not a lawyer, so I may well be wrong and I may not appreciate the subtleties of the situation, but I would certainly get legal advice in this respect.

Once again i thank you for your support. I am in contact with my local area union rep who is being very supportive and has all the details dating back 12 months. We do wear ppe but obviously this did not help with my problems. I am only one of 8 people who have been there longterm. Now like most places they are employing agencies and russians /Polish who are willing to work for less. I have always prided myself on being a good polite worker so I'm now very bitter. My rep wants me to put a claim in and they will pay for the appropriate solicitor. But at present he advises to wait until the company make their next move. As if now i have heard nothing

OP - I really think you need the Union to refer you to a specialist personal injury/workplace injury lawyer. It sounds to me like you may well have a good basis for making a claim for the damage to your health. I also think you should do this now, regardless of what the company does next. If their health and safety procedures are not what they should be they will be nervous of you making a claim and are probably taking legal advice themselves.

A specialist lawyer in this area will be able to tell you for certain if you can make a claim.

Also, check your household contents insurance and see if it covers you for litigation costs related to your job. A lot of them will do.

And do not sign any settlement with the company until you have got proper advice about your employment position and injury claims. The easiest route for the company is to get you to settle and waive any future claims.

Nevis you need to speak to a personal injury lawyer, your union membership will give you access to at least an initial conversation with one.

Have you spoken to ACAS yet? They are impartial and can at least advise you on being let go, and tell you what the exact law is.

A word of warning about ACAS. They are impartial and helpful but (ime) they will not "take your side" in the way your lawyer would. I recently consulted them about by own employment issue and while they were helpful in terms of suggesting how to to resolve the issue they didn't fully advise me of all my rights in the way my employment lawyer did, who made me realise I was in a much stronger position than my employer.