Employment Law and Returning to work after an accident

[aauger]

Hello,

On Christmas day last year I broke my back in two places falling 40 feet from a ski lift (I never got on the chair in the first place but the operator failed to stop the lift in time at which point I was dangling underneath the lift trying to hold onto my other half who in the end could not hold me any longer)

After a rehab of nearly 5 months I'm fighting fit and raring to go. I'm under orders not to drive long distances (my journey to the office is nearly 100 miles) so will need to travel by train for a while.

I'm one of four founding company directors having been there since 2003. My record is A1 - no previous sickness and exceeded target year on year since company founded.

On trying to return I've been informed that unless I can work 5 days a week full time including traveling to the office via car (not train) then they are considering evoking a clause in my contract which states that after 26 weeks of long term sickness the board can terminate my contract.

Where do I stand? They have already stopped paying me and cut my BUPA cover mid-treatment

Here's hoping !

[Sado]

http://www.opsi.gov.uk/acts/acts1995/1995050.h tm

Have a look at this site about disability discrimination, particularly the definition of disability. If you have a condition that has, or you expect, will affect you for more than 12 months, then that can be classed as a disability, and your employer must consider reasonable adjustments to assist you with working. The probl;em is who considers what is reasonable?
I would have thought that, if you are under medical instructions not to drive, then they must allow you to travel by train. Can you not work from home for a period?
Also, I would consider taking legal advice on this situation, and perhaps look at the CAB website, as this contains lots of useful info.
http://www.adviceguide.org.uk/
Good Luck