Can they sack her? - Covid related

[User96365931]

My friend and colleague is extremely vulnerable to Covid and has letters from consultant advising her to shield. Our work involves supporting families under stress with issues such as housing, domestic abuse, debts parenting etc. This would usually be done on home visits and by phone, since lockdown we have been wfh and using video calls etc to engage with clients.

We have recently started home visiting again and seeing children alone in school, wearing PPE. My colleague has been advised not to undertake home or school visits but employer is putting pressure on her, she has had O.T. assessment etc but the report is being ‘questioned’.

She feels she is going to be sacked as she can’t undertake this part of the job, she has been in this employment for around 15yrs, can anyone give advice on her rights?

Yes they could dismiss her on capability grounds if they follow the correct procedure.

Is she in a union?

It depends if she is able to carry out her job fully or not. If remote working doesn't meet the needs of the job they can take the correct steps to let her go especially as the government isn't currently suggesting shielding and she's offered the appropriate ppe to keep her safe

We do similar sounding work. The government has made it clear there is currently no shielding, so we have required everyone back in work since that ended.

From 5 Nov, those with official government letters will be able to wfh but everyone else, including those who are clinically vulnerable will be expected in work.

I do think your friend needs to be careful not to "prove" she has a health condition that makes her unable to do her job.

Yes, if course PP is right, if she can really do her job effectively from home she should wfh (as should everyone else) but we have found that whilst "engaging" remotely was better than nothing, it was a very poor substitute.

They need to make reasonable adjustments

Reasonable adjustments for health and disability do not include requiring an employer to employ someone who isn't capable to doing the job that needs doing.

I think your friend needs to seek alternative employment in a role that can be performed fully wfh.

That's a bit off. Reasonable , temporary adjustments are often made for illnesses
There is no evidence that she is long term unable to do the role fully, it's a short term thing

I dont think anyone would judge an adjustment as "reasonable" if it's to the detriment of service users though?

Thanks everyone, it seems that her job is at risk which feels quite short sighted, we have vacancies we are unable to fill and she is capable of doing the job well even without home visiting.

It would be a brave Employer to go against Occupational Health advice although doesn’t mean they won’t!

How large is the Employer?

OP are you in England and which Tier is your area in currently?

Some useful advice (last updated yesterday) here:

www.hse.gov.uk/coronavirus/working-safely/protect-people.htm

OH advice is advice regarding what the employee needs to be able to attend/work. It's for the employer to decide if that's reasonable/possible. True it would be hard for the employer to insist she attends in the face of medical advice to the contrary but that doesn't necessarily mean they have to allow wfh if it doesn't work for them.

@1stV45

OH advice is advice regarding what the employee needs to be able to attend/work. It's for the employer to decide if that's reasonable/possible. True it would be hard for the employer to insist she attends in the face of medical advice to the contrary but that doesn't necessarily mean they have to allow wfh if it doesn't work for them.

Agreed.

It is advice and the Employer has the option to ignore, but without robust reasoning would then leave themselves at risk of a claim.

Possibly in this case they are just exploring the situation however OP’s Colleague does need to approach with care, as it is not clear why they are pressurising?

It’s not quite as straightforward as just being able to dismiss for capability.

If your friend is (legally) disabled then as some PPs have suggested, they need to consider reasonable adjustments for a the part of the role that she can’t currently undertake (the need for home visits). It would only be a temporary adjustment - and it could be difficult for the employer to justify why home visits could be suspended across the board for a few months, yet can’t be suspended now for a vulnerable individual!

Even if the visits are genuinely crucial to the role and no adjustments would help your friend, it still doesn’t mean they can just sack her. They’d have to first look at alternatives such as furlough, unpaid leave or redeployment to another role, as with 15 years service the bar will be relatively high in terms of the balance of injustice on the employer versus the employee.

I would suggest your friend seeks legal advice if a dismissal process is instigated.

According to Daily Mail (sorry!!) Shielding is back from tomorrow sudden announcement made today:

www.dailymail.co.uk/news/article-8913677/Coronavirus-shielding-England-vulnerable-people-urged-stay-home.html