BEEN AT MY JOB FOR TEN YEARS WITH A GOOD ATTENDANCE RECORD,,,,UNTIL PD .....SOME ASPECTS OF MY JOB I CAN NO LONGER DO AND I MUST ADMIT I AM SCARED OF LOSING MY JOB..CAN I BE SACKED DUE TO MY CONDITION.EVERYBODY IS OFFERING WELL MEANING ADVICE BUT IT IS SO CONFUSING
Buzzicles, I am a carer for a pwp but also am qualified to give advice on employment matters having worked in employment law for more years than I care to remember. Below is advice I gave another pwp (Chad) under medical referral but the advice in general holds good for you. If you are really worried about your rights go to the CAB.
You will probably find that, in your contract of employment or staff handbook (if you have one)it states that your employer reserves the right to require you to undergo medical examination at any time at their expense. They can then use the results of the exam for whatever reason they want. As it is in the contract they do not need your permission to do this and a refusal to attend on your part could give rise to disciplinary procedures. It is therefore legal for them to do this. Whether it is reasonable is an arguable case, it always is.
I would advise you to go along with them and attend the medical. Under the terms of the Equal Rights Act that took over from the discrimination acts, a disability is defined as a chronic physical or mental condition that affects your normal daily activities, a classic description of PD. You would therefore be “disabled” under the act. An employer CANNOT take action against a disabled person without extreme justification and must make any and all reasonable adjustment to the work and the work environment to accommodate the employee.
If in the extreme your employer took this course of action and then dismissed you, it would be an obvious case of unfair dismissal due to discrimination and the payout for discrimination cases are without limit, but don’t worry as I believe they will not go that route.
Good luck and keep us posted. I will keep an eye out for any further posts or questions.
You will probably find that, in your contract of employment or staff handbook (if you have one)it states that your employer reserves the right to require you to undergo medical examination at any time at their expense. They can then use the results of the exam for whatever reason they want. As it is in the contract they do not need your permission to do this and a refusal to attend on your part could give rise to disciplinary procedures. It is therefore legal for them to do this. Whether it is reasonable is an arguable case, it always is.
I would advise you to go along with them and attend the medical. Under the terms of the Equal Rights Act that took over from the discrimination acts, a disability is defined as a chronic physical or mental condition that affects your normal daily activities, a classic description of PD. You would therefore be “disabled” under the act. An employer CANNOT take action against a disabled person without extreme justification and must make any and all reasonable adjustment to the work and the work environment to accommodate the employee.
If in the extreme your employer took this course of action and then dismissed you, it would be an obvious case of unfair dismissal due to discrimination and the payout for discrimination cases are without limit, but don’t worry as I believe they will not go that route.
Good luck and keep us posted. I will keep an eye out for any further posts or questions.
CHEERS FOR THAT MIKEYB