In his titillating article approximately terminal illness (Death in the dark,16 January), Leo Benedictus was inaccurate approximately one very considerable point. He says that “it is illegal for an employer to sack you because of your health but, or unfortunately,this is not the case. It is perfectly lawful and happens quite frequently. if the employer has considered the possibility of making “fair adjustments” to the content and organisation of the work – and these will be judged against the ability of the employer to “reasonably” do so, not the medical condition of the employee – and has followed a “fair” procedure, and dismissal is entirely possible.
In effect,it would be on the basis that the employee is unable to carry out her/his side of their employment contract, not because they are ill as such. Trade unions are all too aware of this “get-out” clause and know how difficult it is to defend a seriously ill or disabled member against a determined employer. Recent government changes making access to employment tribunals more difficult have certainly exacerbated the problem and there is no doubt it will become even more common in the future.
Mike Scott
NottinghamContinue reading...
Source: theguardian.com