can i be sacked with a heart problem

[treborrobert]

i am a shelf stacker and i have a heart problem .. told employer nead light dutys.. last few days then back to normal work ... been of sick 6 weeks in past 12 months .. been diserplined for that ? but told them its there folt maken me do more than i can cope with... sometimes ever more than other younger staff... i am worried i will get sacked ... can they do that ?

[dothawkes31]

They can decide that there is no longer a job available that would just need someone who could only do light duties, and so they would be making the position redundant. They would not be making an issue out of your medical condition. So basically they can't sack you but they could make you redundant if you are unable to perform certain tasks that anyone else doing your job would be expected to do.

[treborrobert]

one more thing i have worked for same employer for over 3 years but only got heart problem 1 year ago...

[factor-fiction]

It's a difficult position to be in- I sympathise.
How long have you worked for this employer? If less than a year you can't claim unfair dismissal in these circumstances. If more than a year then they need to follow an incapability procedure.
What lighter duties would suit you?

[society]

That's discrimination they're not suppose to terminate you. Unless there are no light duties then they'd have no choice.

[treborrobert]

i am saying it is them because when short staff i do maybe 2 persons job but others just do there own job and nothing more

[bednobs]

i'm not sure that's quite right dot. If you are no longer able to carry out the job you have been employed to do then they can get rid of you on capability grounds. If you have been there less than a year they can get rid of you on no grounds. if you can no longer do the job you were employed to do your best bet is to find another one

[factor-fiction]

Regarding dot's post, I'm not clear how the employer could use a redundancy argument. It seems like a capability issue to me. Maybe under the DDA they have to make some adjustments.
Is Buildersmate around to advise?

[dothawkes31]

I think I meant the same thing bednobs but I put it from the point of view of an employer and how they would see the situation, they would not admit they were sacking someone on health grounds they would probably make it clear the job was no longer available on a light duties only basis.

[treborrobert]

let me get one thing clear ... i work hard very hard.. well more than younger staff than me BUT.. they want more and more out of me . but i just carnt do it .. or should i say i do it but suffer for it with chest pains and now stronger tablets... doctor said stop it or you will have heart attack or stroke.....told work but last day or two then back to normal .....its not i carnt do it ...its carnt do more !

[Jan1957]

Yes they can. I was sacked from my job in 2008 when I was no longer able to do the job I was employed to do. They were quite good and had put up with my problems for 2 years but in the end I was unable to return to work when they needed me to so they had to employ someone else.

[bednobs]

i also had to leave a job i loved (macmillan nurse) a couple of years ago because my mobility was too poor to continue. I chose to find another job rather than be dismissed because i felt sorry for my boss, and i wanted control in a situation whereby i felt i had none.

i think that you should just do the job you were employed to do, not more, but if they are putting pressure on you to do more, perhaps you might be better off finding something else

[treborrobert]

well thank you for your answers ... i will probly go with... just do my own job and not other jobs..thank you bednobs. i am going to go slower and make my own job last my full shift...like the rest of the staff..why should i work so hard and go on sick and others get payed same as me for less work and me loose out because i am sick.... they carnt sack me for that can they ??

[buildersmate]

bednobs and factor - you are both correct on this.
Dot is not the only person who believes that 'sacking someone' (your words - I prefer 'dismissal' - sacking is something you read about in The Sun, or worse) equates to 'redundancy'. It doesn't.
Competence, capability and redundancy are 3 different reasons of the possible fair reasons for dismissal - there are a few others. In this case an employer would dismiss on grounds of capability, because treborrobert is not capable of doing the job.
It may not be that straight-forward for the employer because in the short term it is perfectly reasonable that the employer should be expected to adapt the job to 'light duties' to allow an employee to recover from a medical problem. But there is no obligation that it has to continue indefinitely.
Absence is a separate issue. 6 weeks out of the last 12 months sounds a lot, but it depends how many occasions. 6 occasions each of one week long would be too many, especially if for different reasons (in my opinion - there is no fixed rule) - one occasion of a bad sickness of 6 weeks long should be regarded as more acceptable (as a one-off).

[treborrobert]

but i do the work that i am told ?.. the problem is they expect more out of me when persons dont turn up for work ... that in turn makes me ill if i only did the job i was told to do everything would be ok ... but they tell me to do it because i do as i am told because i am scared i am going to get sacked because of ill health ... but i loose out ! . by ending up on sick ... but will they take note ....no.... they just say do you not think you should go on long term sick ... i said no because i like workin and enjoy my job ...BUT STOP PUTING MORE WORK ON ME !

[treborrobert]

there are more staff who are younger than me but they make there jobs last them . but me i am fast and get done before them.. then they come to me .. i have tryed slow down but he has a mood and make me stressed out... you know readin all this to myself looks like they are puting presure on me so i have to go on sick then probly sack ... BUT WHY ????

[bednobs]

so they can get someone else who isn't gpoing to have 6 weeks off a year probably. I am curious though, that you feel singled out in being asked to do extra - who do you think picks up your work when you are not there?

[treborrobert]

well they will probly get extra staff to help them out !!!...but when others are of its ok we will cope !!

[factor-fiction]

Exstatic- are you now going to post your "jobs in dubai" link again