Potential sacking for illness

[foxyferret]

3 years ago my partner was a passenger in a car involved in an accident. He suffered a broken spine. The surgeon gave 2 options, hazardous operation as so near spinal chord, 50/50 chance of paralysis or body brace, physio, pain management etc. He chose option 2. He got compensation on a one off no come back deal, as at the time he was expected to make a reasonable recovery. We paid this off our mortgage, �18,000 .He went back to work after about a year part time, & resumed full time shortly after. However, he was still suffering pain in his back as the surgeon said he would for the rest of his life. Consequently he had a lot of time off sick, and has been off work again for the last year. He has been with the company for 33 years. They have paid him for 6 months full salary and 6 months half pay as per their policy. In Feb 2008 he applied to be made redundant on sickness grounds, this was rejected because of the cost to the company of paying his lump sum and pension. He then applied to retire early, (he is 53) but also rejected same reasons. He has been off work since Jul 2008.The company doctor reported that people are not expected to be permanently disabled by this injury. He has not examined, seen or spoken to my partner, his report being based on all info from hospital, consultant, physio and pain management team. My partner has never claimed to be permanently disabled, just unable to continue doing this particular job or full time hours. He asked to go part time, also rejected. He is now told by the company they will stop paying him at the end of Sep unless he goes back to work. They have said that they will sack him if he has too many days off sick. Do you think we should take legal advice?

[dot.haukes]

Yes ring ACAS 08457 474747 initially for their input and they should be able to give you other contacts

[buildersmate]

Agree with Dot. However you may find that they say something along the following lines.
The history related to this, sad though it is, has no bearing on any decision that the company will come to regarding employability. The dismissal would be on grounds of capability - not sickness - in that your partner is unable to do his job when he does not attend.
Companies deciding to dismiss must show that they acted fairly, and give contractual notice - clearly they are doing the later - its the former you may be able to question and should be the thrust of the exploration with ACAS. They are obliged to consult, explore reasonable alternatives. But that doesn;t mean they have to find either part-time work for them or different jobs - they would have to explain to him why it isn't practical to do these things.
Don't waste money on your own legal advice - speak to ACAS for free.

[foxyferret]

Many thanks to builders mate and dot for your help. We were going to Citizens advice, but they would have probably referred us to ACAS. So kind of you Dot to leave the phone number and buildersmate for all the extra info.