Employment terminated because of allergy!

[swifty]

Question! A relative of mine work for VSEL cleaning the subs, she started getting a rash on her hands and went to the doctors about it. After tests it was found that she is allergic to Nichol so she reported it to VSEL last week, yesterday she was called into the managers office and was told that because she is allergic to Nichol she couldn't work in the subs anymore so they are going to have to let her go.
Then they said but you can work in the workshop if you wish (she has cleaned the workshop before and hated it), she said no to the offer so VSEL terminated her employment.
She has been working there since May this year.
Was VSEL out of order?

[swifty]

Re: Employment terminated because of allergy!

Sorry! forgot to click notify

[bluebottle]

Re: Employment terminated because of allergy!

Allergies to Nickel are rare, but can happen in people who are sensitive to it. What is wrong with VSEL providing her with protective gloves as part of her PPE? I will bump this thread for one of our Employment Law experts to look in.

:bump:

[miliitant]

Re: Employment terminated because of allergy!

i agree about ppe

did the H&S rep get involved

as you only started work in may i am afraid their is not alot you can do. they can say you did not meet their expectation or failed the probationary period.

its 2 years now to qualify for full employment rights except for protected characteristics

you need to put this behind you and look for another job and remember,, if you start claiming benefits, the health issue is why you left when informing the job centre

[swifty]

Re: Employment terminated because of allergy!

I'll tell her that Miliitant :thumb:

Unfortunately she's allergic to latex, she's got very sensitive skin and from what my wife has just told me the rash was on her upper chest

[bluebottle]

Re: Employment terminated because of allergy!

There are gloves available made from Nitrile, a non-latex material. They are used in the catering and food trade and also in hospitals. They are normally coloured blue. From what you have said, it sounds like your relative needs to be wearing a Medic Alert-type bracelet or pendant. These are available in gold, silver and stainless steel. It might be a good idea for her GP to refer her to the Immunology Department at her local hospital for allergy-testing.

[teaboy2]

Re: Employment terminated because of allergy!

Allergies do fall under the protected charteristics under disability:

My brothers Wife - Soon to be ex - Was allegic to Latex clothes and the hospital sacked her. She won a handsome payout at tribunal, a 6 figure sum in fact.

[swifty]

Re: Employment terminated because of allergy!

My wife is allergic to latex and she uses the blue ones when ever she does bank work at the Hospital

getting back to my sister in law, she has a short fuse and 'when provoked' a nasty tongue on her.
TBH she scares the hell out of me

[bluebottle]

Re: Employment terminated because of allergy!

My local hospital is the largest general and teaching hospital in Europe. They take allergies pretty seriously. Any patient with a latex allergy has a sign hung at the head and foot of their bed with the words "Latex Allergy" clearly written in red. Also, the gloves provided for nursing and medical staff are made from Nitrile. The care I have received from the hospital over the last two years is, I have to say, first class and the staff who I have had dealings with have been brilliant.

[spx]

Re: Employment terminated because of allergy!

You can still take them to tribunal on 2 points: health and safety and disability for which you do not need 2 years to qualify for employment rights.

[miliitant]

Re: Employment terminated because of allergy!

You can still take them to tribunal on 2 points: health and safety and disability for which you do not need 2 years to qualify for employment rights.

Disability yes, that is covered under the Equalities Act as that is a protected characteristic, health and safety no.
that would be covered under Health and Safety and Management of Health and Safety at Work Regulations

the Whistle Blowing Act would fit that sinario

if the employer tell you to do a job that puts you in direct harm then you can refuse under section 100 of the Employment Rights Act

only a tribunal can decide if a disability falls within the meaning of the act, occupational health can do an assessment on the likilhood it would or not fall under the remit

[bluebottle]

Re: Employment terminated because of allergy!

Adding to Miliitant's advice, the question also needs to be addressed as to whether VSEL provided adequate and/or suitable personal protection equipment (PPE).

[swifty]

Re: Employment terminated because of allergy!

Thanks guys, the advise is appreciated, I'll pass the advise onto her :thumb: