Advice required for a faith worker

[Taji]

Would any of you be able to offer advice on a complicated set of employment issues relating to a friend of mine who is employed as a religious leader within a faith organisation?

About three years ago, my friend suffered a serious illness and although they eventually returned to work , they were left with some disabilities. This was known to their employer and a limited amount of support was put in place - but doesn't appeared to have been monitored in terms of its effectiveness.

Some weeks ago my friend was called to a meeting by their employer and told that they were being put on gardening leave - and that they should use this time to consider their position. This was completely unexpected (there had been no previous warning about his conduct) and as a result of the ensuing stress, my friend became ill and was signed off by their doctor. They have now been certified as fit to return to work and have offered to go back. However they have been told that they cannot return or even do part of the job and will have to meet with occupational health).

There is nothing in writing which would suggest that they have been suspended. However it has been made clear that there are 'issues' (beyond those of health) which are preventing their employer from allowing them to return - but it hasn't been made clear what they are. This is now very awkward, as my friend can't offer any explanation when asked why they are not at work.

My friend now feels that given the circumstances, it would be difficult to return, particularly as retirement on grounds of ill-health is being pushed as an option - On the other hand, this isn't what they would have chosen to do and one of the options which they wish to explore, is a return to work with additional support for their disabilities. There is also the consideration that my friend is relatively young to be retired and the income from a pension would not be sufficient to support a young family.

I feel that my friend needs to get some good advice on the options open to them and the handling of the disability issues by their employer. They are not in a union and don't have any legal cover on their house insurance. They have been to the CAB and met with a lawyer. However as this is such a specialist area, they could not get a great deal of advice. I have suggested that they at least seek advice from an employment lawyer offering a free initial consultation. - would anyone be able to suggest the best way to find a suitable firm?

it shoud not matter that it is a faith job they must follow employment law the same as anyone else.

it will all come down to 'reasonable adjustment'

with the 'other issues' do they have a contract? are they fllowing it? you do need to find out what sort of contract exists and what the terms are. being a faith job is this an independant church or part of a bigger organisation such as the baptist church, you need to find out what umbrella organisation may be able to offer advice. Also look sideways at what others are employed in another church and maybe seek some opinions from a respected person in that congregation.

another thing i did not think of but have encountered. who is saying they cannot return to work? someone in the congregation? church warden? this is where you need advice on the contract as they need to be following it to the letter. i have found that some church wardens can be spiteful but IT IS NOT THIR DESICION if you work or not, usually it has to be a parish council or some other similar arangement but it should not be down to one person and must follow the due process and must conform to legislation.

If your friend has been signed fit to work. Is it fit to work to do their job as before/as employed/as contract or is it fit to work if >??? adjustments are made?
Employers whoever they are cannot just terminate contracts if someone is ill/disabled and especially not if they are medically fit.
If your friends employer has issues with their performance then they either need to start a Performance Management Plan this is a series of meetings and targets (very roughly) and it takes around 4-6 months to reach a point where dismissal becomes an option. The alternative would be to look at capability as an issue again this is a series of reviews and meetings taking as long. You cannot just say to someone, I don't think you can do the job - goodbye, that is unfair dismissal

Sorry one last point, if your friend was put on gardening leave, this is not normal practice unless there was a very good reason. Such as an allegation requiring an investigation or similar.