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JGM, Solicitor
Category: Law
Satisfied Customers: 12086
Experience:  30 years as a practising solicitor.
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I have an employee working less than a year who has gone on

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I have an employee working less than a year who has gone on sick pay with arthritis in his
hands(manual worker).I have a very small business and simply cannot pay him £90 a week
for 28 weeks plus employing someone to replace him. He has no contract of employment.
Thank you for your question.
If there's no prospect of him being able to do his job because of the arthritis then you can terminate his employment after getting medical reports.
This is not disability discrimination. The employer can treat disabled people less favourably if they have a sufficiently justifiable reason for doing so, and if the problem cannot be overcome by making 'reasonable adjustments'. For example, an employer would be justified in rejecting someone with severe back pain for a job as a carpet fitter, as they cannot carry out the essential requirements of the job.
I hope this helps.
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