Unfit to work dismissal

[PopcornBits]

Hi, just wondering whether someone can advise for a relative of mine who has been told she will be dismissed for health reasons.

The relative in question has very severe asthma and has regular hospital admissions and signed off work sick notes due to being unable to breathe.

She has had periods of absence from work and they've repeatedly threatened her with dismissal if she doesn't get better. She has pushed through and tried to persevere barely being able to function and they have continued to give her heavy tasks and berating her for it when she's been unable to complete them due to health.

This week she had another hospital admission and was signed off work for a week, she went in to give that note and they've told her that they're going to dismiss her on grounds of absence and unfit to work. They've told her that she can either hand in a unfit for work letter to the manager and that will look better for her for future jobs or they will dismiss her and her employment will end in October.

She's chosen to hand the unfit for work letter in as she doesn't want to burn her bridges but she's understandably upset and panicked.

She's been with the company just over one year and she had a contract.

Is there a case for unfair dismissal here or by her handing that note in they've managed to get rid of her without anything coming back to them?

I appreciate all knowledge and help.
Thanks.

Gorgosparta she has told me that they've said she has to write a letter to the manager explaining she is unfit to work. I hope that makes it a bit more clearer.

JustMumNowNotMe nothing has been discussed with regards to compensation I think they just want her gone personally. She's complained of bullying behaviour from the very start.

paq when she applied for the job she did not have severe asthma, just standard asthma, whereby she got wheezy now and again or had the odd attack and the medication kept it at bay. As time has gone on, it has developed into a severe form and no medication works anymore. She couldn't have possibly been able to foresee this. Otherwise I'm sure she wouldn't have picked a job that involved heavy handling.

Justgivemesomepeace thanks for explaining this. I think they could say that they allowed her reasonable time to get well in herself as this has been an ongoing problem for some time so I think in ways they have made "adjustments".

So they want her to resign?

Is there an alternative role away from food that she could realistically do?

More importantly does she want to work there? Would she better off trying to find other work?

If this makes her and she feels bullied in long run it sounds like she would be better off not working there.

They can go for non coper-able dismal which means no bodies fault as such but you can't do the job you are employed for .Most company sickness policies just look as length and frequency of absence and not the causes to avoid discrimination .As hard as it sounds all companies have to run and if someone has very high sick for what ever reason the work still has to be covered and if it affects the business it has to be dealt with as the situation is not sustainable

I agree that the absence cannot keep going on and she has been spoken to about this by all family members and work of course.

Her illness is out of her control and she has tried to take steps to recover. Clearly there has to come a point where it's no longer feasible for the company to keep her hired there as she can't actually do her duties which is understandable.

On the flip side I find it difficult to comprehend that a company would be harsh with their ultimatum given that she can't do much more to help the issue other than attend work and be unable to function.

I don't think it's wise she continued working there but I sense her desperation as she's now in financial hardship with rent and bills to pay at the end of the month. She hasn't been very clever about the absence, perhaps she could of done more to try and help herself, I don't know..

I'll talk to her tomorrow and tell her, I don't think there's much hope after reading the replies now. I think it's best she learns from this and just moves forward.

Thanks all.

They shouldnt just drop this on her though. We have to have meetings during/after absences with clear documentation detailing adjustments made, support given and offered, occupational health referrals, clear direction regarding improvements that are needed, what stage of the process youre at and how this may progress. Documented formal meetings etc. Not sure if this is a legal requirement to protect the business from tribunals or just good practice though.

At my work we would have done a return to work each time. After a second absence we would have also had a talk about ongoing absence management and an occupational health review.

In a case where someone has an illness we would allow more absences, try to make some adjustments (but its very difficult to just change the job due to the nature of our work) but excessive absence, would result in ending the contract. Either dismissal or dismissal on health grounds.

I havent done it but do know its happened at work twice while i have been there. Both times HR, unions and acas were consulted were deemed to be 'allowed'.

At some point this will happen and she is best looking for another job asap, in a differenr environment, asap.

How many weeks has she had off?