2006-07-06 04:30:22 · 13 answers · asked by JANIS B 1 in Health ➔ General Health Care ➔ Other - General Health Care
he works as a fork lift driver on a building site, but after having to have a medical for the company after a samll accident when the wind knocked him into a wall its apparently a law for health and safety to have to have a medical, his sight has not proved a problem at work , the company were aware of it and he attends yearly checks at the hospital, the problem affect his central vision.
2006-07-06 04:47:47 · update #1
Firstly you say he has had no problem at work despite this defect. Do you know why the company has just now decided to suspend him? If there has been no change in his condition and the company has previously been fully aware of his condition then it seems strange that they should suspend him now.
The potential worry maybe that they are trying to get rid of him for some reason and will use the excuse of his health as a reason to dismiss him.
Dismissing someone because of their health is a fair reason for an employer to dismiss someone, however it must be fair for them to dismiss that particular person taking all the circumstances into account and the procedure used to dismiss must also be fair. On the face of it, it seems unfair that given his condition has not changed and they have been fully informed of his condition and have allowed him to operate over the last few years, that they should think it an issue now.
The employers also have a duty, when somebody has a disability, which this sight problem may be, to make reasonable adjustments at work if it is at all possible. As a driver it may not be possible to make adjustments but they could maybe find other work for him.
The process of dismissing someone should take some time, so even if they do go down that road, if they are doing it properly, you will have some time to play with and presumably he is still being paid now.
Having suspended him they should be keeping him fully informed as to what their intentions are and you should bully them for this information.
If they reveal it is their intention to dismiss him, then I would strongly advise you to get a lawyer as soon as possible. You could enter a fee arrangement whereby the firm receives a percentage of your win (contingency fee arrangement) and so don't worry if you're not flushed with cash at present.
Best of luck
2006-07-06 05:48:36 · answer #1 · answered by daniel m 3 · 1⤊ 0⤋
You say suspended, so he should still be entitled to full pay for a certain amount of time on "gardening leave" after all it's not his fault. Maybe they can offer him another position within the company that doesn't require 100% vision. I know how it feels, I couldn't make the RAF when I had an accident with one eye. I'm dead against the compensation culture but this actually is a worthy case, talk to a solicitor.
2006-07-06 04:36:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If he's an umpire, then he's highly qualified.
If he's a brain surgeon, he can operate on anybody except members of my family.
If his job is to read Braille script, then he can't be fired.
So, the question is: What is his job, and can he do it with a reasonable accomodation for his sight defect?
2006-07-06 04:35:54 · answer #3 · answered by agm69a 1 · 0⤊ 0⤋
ADA has laws that prevent people from being fired due to physical limitations. The company has to provide reasonable accomodations for him, that might mean transer to another position though. If he has sick leave, he can be paid, if not and the company does not have a shared sick leave program, he can be off of work with no pay, but not necessarily fired. I would have him talk to Human Resources about the ADA law and see if they can't find him something else if he can't be accommodated by his old job, but ADA should prevent grounds from termination.
2006-07-06 05:24:01 · answer #4 · answered by AMERICA NEEDS RON PAUL 2 · 0⤊ 0⤋
Depends on what he does for a living although I don't think they can use that as grounds for sacking him. Medical leave is more probable and might be something with a reduced pay packet. But you shouldn't be left just out in the cold.
Best of luck...don't worry until you have to!
2006-07-06 04:34:54 · answer #5 · answered by K's Mom 3 · 0⤊ 0⤋
He can not get fired is your immediate answer.
If your husband filled in a medical form when he started and he had the eye problem and didn't declare it then yes it is possible to release him without pay, however if he didn't sign a form or the problem has arisen at a later date post medical then they can not sack him. You will need to speak with a union rep or/and go to the Citizens Advice who will put you in contact with free legal advice in your area. Sometimes if you bank with barclays or HSBC you get free legal advice with your account on all matters?
2006-07-06 04:44:56 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Depends on his job. He can't be sacked but if his vision is imperative to his job then they can ask him to change jobs within the company or leave.
I know people who work on the railways can't be colourblind due to the signals.
He should get full pay while he is suspended.
2006-07-06 04:38:59 · answer #7 · answered by Sarah (31/UK) 4 · 0⤊ 0⤋
If you are suspended from work, it is usually with pay.
If it is part of a disciplinary or ability to continue process then he should be paid until he is either dismissed, retired due to ill health or return to his duties.
2006-07-06 04:36:22 · answer #8 · answered by Boris 5 · 0⤊ 0⤋
A sight defect as in he can't see something? If he is partially blind and they know this by law they cannot fire him. I really need to know more info in order to answer this properly.
2006-07-06 04:33:52 · answer #9 · answered by friendly_creations 2 · 0⤊ 0⤋
Hi,
I'm following a method that is helping me to improve my vision with simple eye exercises. Have a look at the full system on this site http://www.goobypls.com/r/rd.asp?gid=413
It's amazing.
Hope it helps.
2014-08-05 12:51:28 · answer #10 · answered by Anonymous · 0⤊ 0⤋