• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • If you need a solicitors help with your employment issue you can find and rate firms on our sister site, JustBeagle.com

    You can obtain Free Expert & Confidential ACAS Code Based Employment Law Advice directly from ACAS by calling 0300 123 1100. It is available Monday to Friday 8am-6pm. Or visit their website at ACAS.ORG.UK
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Sent doctors statement, now welfare meeting?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Sent doctors statement, now welfare meeting?

    Hi guys.

    It's almost christmas and I hope everybody has finished their shopping. I know I havent though!

    Sorry to call on you guys again but my girlfriend has become increasingly stressed at work because of her disabilities.

    She is a full time drive thru manager and is contracted to 44 hours a week. There is various clause' in her contract that suggest that she should devote all of her time to the company; which I get, as its a busy shop and is a full 18 hour work day.

    As the manager she has to cover absences if she cant get somebody else to cover and she is struggling to maintain a healthy work/life balance.

    She has

    - fibromyalga
    - psoriatic arthuritis
    - polysistic ovary sydrome

    and on top of this she has anxiety and depression.

    She has had a doctors statement indicating that she wishes to work ONLY her contracted hours and a breakdown of all her illnesses.

    She has provided this letter to work and HR. Now her manager has sent her an email saying that he will arrange a welfare meeting.

    She has less than 2 years service and she declared her ailments upon interview for the position.

    We are just abit scared that she may be dismissed through capability, is there any insight you guys could provide??

    Thanks in advance!
    Tags: None

  • #2
    Hiya xx I'm tagging Ula for you to look in but likely not till morning. It sounds like she's going to end up doing herself serious damage if she keeps those kind of hours up. 44 hours is more than enough. I don't know much about welfare meetings but one would hope it would be on the lines of how they, a responsible and caring employer, can support her in her job while she's finding things tough rather than to try and get rid of her.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com


    • #3
      Sorry for the delay in responding.

      The good thing is that your girlfriend declared her health issues at interview and she was employed with her employer knowing of these. Was she asked at interview whether the company would need to consider making any reasonable adjustments for her?

      Under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities, then you are considered disabled. I am not a doctor but could any/all/combination of her conditions fit that definition?

      If they can be proven to fit the definition, then if your girlfriend was dismissed and it could be proven it was discriminatory, due to the nature of her disability, then even with less than two years’ service she may have a claim.

      However, that is the extreme case and at the moment, all the company has asked for is to meet with your girlfriend for a welfare meeting. In my view that should be about the company understanding in more detail the nature of her conditions and how the company can support her, maybe by way of reasonable adjustments. There is also the doctor’s statement to support her just working her contracted hours due to her conditions, which she can use to support her case that that is what she is looking to achieve from the meeting.

      Try not to worry at this stage, see what the company has to say and then take it from there. We are here if any further support is needed.
      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.

      You can’t always stop the waves but you can learn to surf.

      You are braver than you believe, smarter than you think and stronger than you seem.

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page


      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.

      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.



      Employment Law

      Are you having problems with your employer ? Unfair Dismissal, Redundancy, Problems with Pay, Contract Issues, TUPE etc.
      See more
      See less

      Court Claim ?

      Guides and Letters

      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm