Hi there!
I hope that someone can help me.
My husband was employed by a large retail company as a 'bench retail manager' in September 2014 with a 3 month probationary period. At the time he declared that he had epilepsy. *
He worked until the end of November when he had a seizure at work and with it some severe side effects (3 year amnesia and anterograde amnesia). He was advised by a consultant that he was unable to return to work until he had been seen by his neurologist. He was unable to get an appointment until early February. At this point they told him thar his probationary period would be extended until he returned to work. During this time he found his job being recruited for online.*
He was seen by his neuro and deemed fit for work. His employer informed him that he would need to speak to a occupational therapist before returning to work. The occupational therapist deemed him fit to return to his current job, the only provision was that he was unable to drive, however, I was willing to drive him (and that was stated in the report).
His employer then contacted him informing him that they were terminating his contract with accrued holiday pay and 2 weeks notice. Stating that as he was unable to drive he was no longer suitable for the position.
*
Is this right? Does the employer have to make reasonable adjustments? Would we have a case for unfair dismissal and disability discrimination?*
Thank you in advance!
I hope that someone can help me.
My husband was employed by a large retail company as a 'bench retail manager' in September 2014 with a 3 month probationary period. At the time he declared that he had epilepsy. *
He worked until the end of November when he had a seizure at work and with it some severe side effects (3 year amnesia and anterograde amnesia). He was advised by a consultant that he was unable to return to work until he had been seen by his neurologist. He was unable to get an appointment until early February. At this point they told him thar his probationary period would be extended until he returned to work. During this time he found his job being recruited for online.*
He was seen by his neuro and deemed fit for work. His employer informed him that he would need to speak to a occupational therapist before returning to work. The occupational therapist deemed him fit to return to his current job, the only provision was that he was unable to drive, however, I was willing to drive him (and that was stated in the report).
His employer then contacted him informing him that they were terminating his contract with accrued holiday pay and 2 weeks notice. Stating that as he was unable to drive he was no longer suitable for the position.
*
Is this right? Does the employer have to make reasonable adjustments? Would we have a case for unfair dismissal and disability discrimination?*
Thank you in advance!
Dismissal during probationary period, stating disability as reason
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