Capability/3 month redeployment/dismissal

[Jacobina]

I have has just received a letter from my employer giving me two options to consider following the OH advice that I should be redeployed as my present department/job are unlikely to be able to make suitable adjustments to accommodate my health. I.e. No shift work. I returned to work a month ago after 6months or so sick leave and am presently temporarily placed in a stable position on a phased return with no shift work as per OH's recommendations. The 2 options are


1. Have a stage three interview with a chief officer which (in HR's opinion) will likely agree with OH's recommendations and result in "the Chief Officer would look to dismiss you on the grounds of capability providing you with redeployed status for 3 months, during which time HR will assist in seeking an alternative role within the organisation"


2. Could elect to be placed on the redeployment list and granted redeployed status for 3 months to assist you to secure an alternative role.


I am concerned because it seems that either way, it gives the Organisation a "get out" option once three months have passed if no job becomes available, they can dismiss me on grounds of capability with no compensatory payment.


I have worked for this organisation for circa 8 years. In the last two years cut backs and staff shortages seriously affected my health and well being, resulting in CFS, Slipped disc and Meningitis. All most likely brought on by high stress levels and exhausting shift patterns. I put in two grievances which were ignored, and to get this far thru the process it has been like walking through treacle. HR are referring to a stage 3 Capability Hearing and yet I have never had a Stage 2 Hearing......


Any advice would be appreciated.

[Johnboy007]

Re: Capability/3 month redeployment/dismissal

Why was your grievances ignored?
Were they official grievances, did you have a meeting to discuss them?
Legislation does state......
If the employee can’t do their job because there are no reasonable adjustments that can be made, it may be fair for you to dismiss them, even if they’re disabled.
A company has to be able to operate efficiently, and if this means dismissing you because you are unable to do your job, and there is no alternative job.
Then a Tribunal would rule this as fair dismissal.
Because you have gone to a stage 3 interview, depending on the case, it is allowed, just as in disciplinary procedures, where lower stages may be missed out, if the offence was particularly serious.
Of the two options, option 1 would mean dismissal, but you would be able to claim benefits.
Option 2, gives you three months of wages before dismissal if no suitable job is found.
Yes it may sound like a 'get out', but what other option can they take if there is no suitable alternative jobs available.