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rhaines

Employment Law

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Hi peeps, back again for a bit of advice for a mate and though would be better here than on TOC...

A mate I give a lift to recently started with the company and put on his application that he had a pretty serious health condition that would require frequent medical attention and a few days off due to pain (won't go into details but defo on app form).

Since being at work he has had a few days off purely for medical reasons and can prove the medcial attendances if necessary, the company are saying that if he takes another day off sick in the next 6 months they will have no choice to scak him....

Is there anything he can do as he is very concerned as he doesn't want to lose the job and he made them aware of the situation before he started, surely the company should have either turned him down for the position or offered him flexible part ime hours. Anyone know if he has a leg to stand on or whether the company could just turn around and ask him to leave ?

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My mate's dad is a specialist on that kind of thing, I'll ask his advice and post it on here later.

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My mate's dad is a specialist on that kind of thing, I'll ask his advice and post it on here later.

ta mate, he has a meeting tomorrow or friday so any advice would be greatly appreciated :)

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I think you will probably find that your mate is in the right. The company has no right to discriminate against a medical condition which was known by the Company prior to offering him/her the post.

This is not just my personal opinion, but my professional one, based on the fact that I employ 30 people.

If, however the company can show that it was misled in any way as to the seriousness of the illness and that they did not fully understand the implications of the illness and that more time off work was required than which was initially understood, then the Company may be in the right.

Hopefully for your mates sake, they dont pickup on the second bit. Usually if you are honest from day one, most companies will accommodate each persons needs and place them in a position more suited to any disability.

Another thing to look at is his/her contract of employment, which generally outline procedures for illness and what action to take etc.

Ive given you this info based on my own experiences in the past. Companies operate under different policies and procedures, and some areas of employment law are somewhat complicated so I cannot give my guarantee that this info is 100%. I am not qualified to give legal advice, only advice based on experience, I would suggest that your friend speaks to a solicitor or other person qualified to give advice.

Thanks mate

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Thanks for the advice, pm recieved and will pass on the info ...

Nice disclaimer at the botom :hehe:

cheers:)

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If I understand it correctly, the Disability Discriminatiom Act requires that companies make "reasonable allowances" for people with certain disabilities - it doesn't require that a company tolerate time off sick though.

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I would of thought if it was within his probation period the company could almost give any excuse to terminate his contract.

(Not an expert,just mt 2 cents worth)

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In the first two years you have no rights whatsoever. The company can do as they please. By sheer co-incidence, the old YTS under the Tories, which has now been replaced by higher education courses in Media Studies, lasted two years.

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