Dismissal for disabled employee

[MG359]

Hello there,

I hope someone could help me or at least point me to the right direction. I tried hiring a solicitor but, despite officially engaging one, I am unable to get replies and I am tired of chasing them. .

I am a full-time employee, my health has unfortunately deteriorated AFTER I joined a few years ago. Recently I asked for a health assessment, the report says I cannot travel abroad (which is part of my role) and can only travel in the UK twice a week. The report also says I now qualify as a disabled person. Without getting into details, I am able to work but I would really need to be home for the night and my role "requires" me to travel, sometimes for weeks in a row with no time off.

I am waiting for my employer to respond but their approach is that I cannot work anymore and I am not fit for working in my current role. I think they will offer me money to leave.

I would like to understand what my rights are. Some questions/notes that spring to mind are

- What happens if I do not accept their offer?
- My contract actually only says I am working 9 to 5 and I "might" have to travel.
- My employer forged a new "job description" sheet and sent it to the doctor for the health assessment. It's different to the one I received when I applied for the job. It's so much more focussed on travelling abroad while the one I got when I was hired said - again - that I "may be required to travel". I can prove this as it was sent to me via email.

I feel there would be (and have been) space to use my skills from home but they gave those tasks to others despite knowing of my difficulties (this was before I had the health assessment).

I would be incredibly grateful to anybody sending me any pointers about my situation.

Thank you a lot!
MG

[ULA]

Other than saying you could not travel abroad did the health assessment report detail any reasonable adjustments that your employer could consider?

If an individual cannot do their job because of their disability, then an employer should follow a capability or performance procedure to investigate, having taken all reasonable steps to support that person. That support may be to offer them an alternative position which can accommodate their disability.

If they were to offer you "money to leave" then then it is likely they will do this by way of a Settlement Agreement (SA) is a document which sets out the terms of what the company is going to pay you as “compensation” for you giving up any rights you have to make a subsequent claim against your employer. Part of the process of signing a SA is that you will be required to take independent legal advice from an employment law specialist. Their job is to ensure that the "compensation" being offered is at the correct level given the circumstances and the rights that you are giving up to bring any further claims. If they go not feel you are being offered enough "compensation" then they would have to negotiate with your employer to increase the sum being offered.

Most employment advisers have a standard payment for providing this advice which is between £350 and £500 which is generally the rate that the employer offers to pay. This is usually enough to cover the costs if the SA is straight forward and there is not much back and forth negotiating terms on your behalf.

In terms of what was set out in your original contract and job description, then my question would be has your job naturally changed over time, which quite often happens and the original documents do not get updated to reflect the change? Is the job description that went to the health assessor actually a more accurate reflection of what the job entails now?