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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44335
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a HR Director in a company and have an unusual situation

Customer Question

I am a HR Director in a company and have an unusual situation I need assistance on. We had a grievance from a young employee who claimed a manager had been aggressive and threatening to him, witnesses were present so there was no question the manager was guilty, we have carried out appropriate disciplinary action. In the course of investigating the matter the young employee, who has been employed for just over 7 months, told us that he was/is a manic depressive, something we were unaware of. Within the mix he has also claimed to have tripped in an outside company building, no witnesses and we were not informed, he took 8 days before going to A & E and when reporting in sick for two days he again did not tell us of the trip, we found out after he told a 3rd party & asked him to fill accident form in, again he didn't mention the trip on our premises, this came out about 2 weeks later, i.e. he had hurt his shoulder so couldn't do the job we had employed him for and he obtained a Doc's cert for light duties. Again, we only found out during this time that he had a former collar bone injury (break) on the same shoulder, we feel he is setting up for a claim. I believe because he is supposed to be a manic depressive we cannot dismiss him as this is classed as a disability. His light duties is due to end but we believe he will get another certificate, thus not being able to do the job he was employed for, we do intend to ask for a medical report but he may well refuse. I believe him to be calculating although the Manger's behaviour didn't help:/ Are we now in a situation where we have to keep this young person employed because of his disability, even though we have no other job he can do available?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. did your employee complete an application form and did he disclose this disability on it please.

JACUSTOMER-qnjai3xg- :

Yes, he completed an application form, against a general question on whether he had any health issues which may effect his employment he said No. He was employed in February 14 and he told our company in October during an investigation into his grievance.

Ben Jones :

Good morning, if you are considering dismissing the employee then you must ensure that you do not automatically do so because of their disability. It does not mean that you cannot dismiss them even if they have a disability but there are certain procedures you must follow before you are able to do so. If the dismissal has nothing to do with their disability and you can show that to be the case, then you can still dismiss even if they are considered disabled. The key is that you should not automatically link the dismissal to the disability. So for example if their manic depression is not why you are considering dismissal and they can still do the job even with that condition present, you would not be discriminating against them. If the only reason for the dismissal is their recent injury and that is not connected to their disability you can still go ahead and dismiss based on that as long as you can show that the disability had no influence on your decision. Therefore, in any potential dismissal action you must use only references to their shoulder injury and be clear that this is why you are dismissing, mainly because that injury does not allow them to continue working in their job. Make no mention of the manic depression and be very clear in your mind that you are not taking a decision based on that condition, only on the physical injury that they have suffered.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Ben Jones replied 2 years ago.
Hi, I see you have relisted the question, how can I assist you further, do you have anything you need me to clarify for you in relation to this?

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