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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73890
Experience:  Qualified Solicitor
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I need help with employment matter, manager, hr and a little

Customer Question

I need help with employment matter
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: manager , hr and a little with the union
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Yes it’s a hospital where I work as a hca
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I had in feb 2 heart attacks
Submitted: 14 days ago.
Category: Law
Expert:  Ben Jones replied 14 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 14 days ago.

Please explain your situation in some more detail

Customer: replied 14 days ago.
I work as a hca on a gastro ward at uhnm it’s a nhs trust. The patients are unpredictable due to their health issues mood swings volatile and suffering from
Detox.After two months I attempted to go back I had suggested to manager and union that I may find it difficult but that I would attempt.So the phased return began first week and first two shifts 6 hours were completed but for each of them they placed me in a bay with 4 other unpredictable patients and the last hour on each occasion I had to stand up because one of them was trying to get out of bedI said from the onset that my condition has impacted my walking and standingI am qualified to degree standards in business admin and asked to consider redeployment but they did nothingI applied to retire on grounds of ill health now they say if I do that that they will have to dismiss me and that I have to look at other optiins first
Customer: replied 14 days ago.
I would prefer to retire as I am
Unable to do I feel my existing role on the grounds of ill health. They say that they have to look at other possibilities first but I don’t see this myself in the nhs website
Expert:  Ben Jones replied 13 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

If you wanted to retire, you can do that at any time because retirement is basically a resignation. The only thing you need to consider is whether you will be able to access things like pension as these depend on the policy terms. So retirement is not something that is dictated by the employer – it is your choice but you have to check whether it makes financial sense for you at the time, depending on what payments you can access through pensions. Etc.

In terms of redeployment, the employer should really be looking at that proactively as a reasonable adjustment under disability discrimination  laws. Remind them of their obligations in that respect and if needed, raise a grievance if they are not doing anything about it.

You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.

Expert:  Ben Jones replied 13 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.