Ill health capability hearing

[witsend8]

Re: Ill health capability hearing

That rather sounds like the sort of stercus bovi that would have been posted here by someone who pretended to be a widowed and semi-retired employment barrister.

The truth was that she is/was a divorced clerk or admin-wallah in a local authority in the north of England and was no more a barrister than next door's dog.

Phew, thanks so much for all the replies, I definitely feel a bit better now! Plus had a laugh into the bargain which is always a bonus!

[witsend8]

Re: Ill health capability hearing

To the left or to the right? :rofl:

Ha ha ha ha ha, much needed giggles supplied by legal beagles, thanks!

[CleverClogs]

Re: Ill health capability hearing

To the left or to the right? :rofl:

Ha ha ha ha ha, much needed giggles supplied by legal beagles, thanks!

My question might be nearer the mark if the manager greets your husband with, "How's it hanging?"

[charitynjw]

Re: Ill health capability hearing

This is what the Equality & Human Rights Commission say

http://www.equalityhumanrights.com/a...sabled-people/

http://www.equalityhumanrights.com/a...nated-against/

On this link, you'll find an employment Code of Practice which goes into greater detail.

http://www.equalityhumanrights.com/l...ical-guidance/

The Equality Advisory & Support Service also help in disputes involving disability problems.

http://www.equalityhumanrights.com/about-us/contactus/

[witsend8]

Re: Ill health capability hearing

My question might be nearer the mark if the manager greets your husband with, "How's it hanging?"

I think I might have actually heard him say that before!!!:tinysmile_hmm_t2::tinysmile_hmm_t2: hahaha

[witsend8]

Re: Ill health capability hearing

This is what the Equality & Human Rights Commission say

http://www.equalityhumanrights.com/a...sabled-people/

http://www.equalityhumanrights.com/a...nated-against/

On this link, you'll find an employment Code of Practice which goes into greater detail.

http://www.equalityhumanrights.com/l...ical-guidance/

The Equality Advisory & Support Service also help in disputes involving disability problems.

http://www.equalityhumanrights.com/about-us/contactus/

Thanks for the links, thats really helpful info!

[witsend8]

Re: Ill health capability hearing

Hi all again, a little bit of further info.
Today I found out that another employee that has been off with stress for 8 months, is not yet being threatened with medical capability. This employee has the same job title as my husband and as far as I can see, the only difference is that my husband has gone to a doctor and asked to go back to work, (obviously with the change of department, adjustment) but the other employee isn't ready to go back to work yet.
If an employer dismisses my husband under medical capability, but not the other employee, is there anything in law to make that unfair, or can they legally get away with it?
Thanks all

[Tools]

Re: Ill health capability hearing

Any company's policies must apply equally and fairly to ALL employees.

[CleverClogs]

Re: Ill health capability hearing

Any company's policies must apply equally and fairly to ALL employees.

Quite.

There's also the apocryphal tale of the co-op assistant manager who was dismissed when he was found with his todger inside the bacon slicer.

He won his appeal when he pointed out that the bacon slicer had only been reprimanded.

[witsend8]

Re: Ill health capability hearing

Any company's policies must apply equally and fairly to ALL employees.

Thanks for that!
Does anyone know if there are any circumstances that might make it fair to treat someone differently? Oc health has written that my husband is covered by the Equality act but if the other employee is too, would it be fair to treat them differently then?
Not sure if the other employee falls under the equality act or not, but I am just astounded by the difference in treatment. My husband has not been contacted by the employer even once in the whole 6 months sick leave apart from a pre medical capability meeting and then the letter for the hearing, whereas the other employee has had regular contact in their 8 month leave and no mention of a capability hearing.
If there is no lawful reason for this different treatment then I cannot truly believe that the manager is so stupid, they have HR to advise them and yet seem to be making mistake after mistake with regards to my husband. We saw the unions legal department today and they nearly had hysterics at their blunders!

[witsend8]

Re: Ill health capability hearing

Quite.

There's also the apocryphal tale of the co-op assistant manager who was dismissed when he was found with his todger inside the bacon slicer.

He won his appeal when he pointed out that the bacon slicer had only been reprimanded.

Oh my word! hahaha

[charitynjw]

Re: Ill health capability hearing

Thanks for that!
Does anyone know if there are any circumstances that might make it fair to treat someone differently? Oc health has written that my husband is covered by the Equality act but if the other employee is too, would it be fair to treat them differently then?
Not sure if the other employee falls under the equality act or not, but I am just astounded by the difference in treatment. My husband has not been contacted by the employer even once in the whole 6 months sick leave apart from a pre medical capability meeting and then the letter for the hearing, whereas the other employee has had regular contact in their 8 month leave and no mention of a capability hearing.
If there is no lawful reason for this different treatment then I cannot truly believe that the manager is so stupid, they have HR to advise them and yet seem to be making mistake after mistake with regards to my husband. We saw the unions legal department today and they nearly had hysterics at their blunders!

Is the other employee female?

[witsend8]

Re: Ill health capability hearing

Is the other employee female?

Yes, why?

[witsend8]

Re: Ill health capability hearing

Oh, how daft am I? You mean gender discrimination, good grief how have I missed that with what has previously happened?
Thank you so much, I think even the union have missed this one!

[CleverClogs]

Re: Ill health capability hearing

Presumably, though, none of her duties involved slicing bacon. :grin: