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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47902
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work for a government department . I recently fell and badly

Resolved Question:

I work for a government department . I recently fell and badly injured my arm. I will need at least 6 months medical treatment. Whilst I will get most of movement back in arm I may not get all movement back. My job is fairly active and would require full fitness. Will my employers be able to dismiss me? The injury was not while I was in work.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

10 years

Ben Jones :

Is there anything else in your workplace that you may be able to do instead?

Customer:

yes there we would be desk type roles

Ben Jones :

Was your plan to take the whole 6 months on sick leave?

Customer:

not sure if i can return before that doing light duties i will. i am hopeful that i would be able to do this

Ben Jones :

Would you be in a position to do the desk jobs with this injury or perhaps return to do these jobs earlier than your usual one?

Customer:

yes

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

At this stage and with this prognosis a dismissal would be unlikely, or at least it is unlikely to be fair. This means that the employer could still dismiss you if they really wanted to (they could do that at any time) but the fairness of such dismissal can be challenged if necessary and you could seek redress.


 


A dismissal is really reserved for situations where you are off on long term sick leave, no longer capable of undertaking your job and there is no indication that you would be able to return any time soon, or at all. In your case, there is a defined period of incapacity after which you are likely to be able to return to work, even if on light duties. In addition the employer has other jobs which you would be able to do earlier and without being fully fit. Therefore, the most reasonable outcome here is to allow you to get the treatment done, during which time you would be on sick leave, and as soon as you are able to do any of the lighter duties in the desk jobs, assuming there are spaces there, allow you to return slowly back to work whilst your fitness improves and you eventually get back to your normal job.

Customer:

if i cannot return to normal job would they be able to dismiss me would this be fair?

Ben Jones :

eventually they could - capability is a fair reason for dismissal, so if you are no longer able to do your job and there is nothing else you can do then eventually that could happen, but it is a last resort really

Customer:

ok thankyou for your help

Ben Jones :

you are most welcome, all the best

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