Sent doctors statement, now welfare meeting?

[ecalid]

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!

[Amethyst]

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.

[ULA]

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.