Medical retirement

#Kerdog33

Dear Kerbdog33

Hello, my name is Stacey, and I am an adviser for the Work Support team at Macmillan.

I am sorry to hear of your difficulties at work. It sounds as though you really want to stay in your job and you employer should support you to enable you to do this. If your tumour was cancerous, you would have some protection under the Equality Act 2010 (DDA Act in Northern Ireland) and your employer would have a duty to provide reasonable adjustments for you at work. Also, you would expect that a long-term health condition might receive the same level of support. You don’t say what type of work you do but if they are making the decision on a health and safety issue perhaps, they could look at other roles that would not pose a risk? Here is a link to our booklet about rights at work if affected by cancer: Your Rights at Work

Firstly, you cannot be forced to retire, unless they were to look at dismissing you and that was an alternative. If this were the case, they should look at any measures that could be taken to enable you remain in work before reaching that decision. If you were classed as having a disability you would have some protection against discrimination for failing to examine any adjustment that could be put in place. Even if health safety reasons were applied here, would there have been another role you could have carried out that would not be affected by you having a possible seizure?

It might be helpful to have a Fit Note or letter from your own GP/consultant stressing that you are fit and able to work.

Secondly, if you have worked for your employer for more than 2 years you would, in addition, have protection against unfair dismissal, and they should follow proper procedures before making the decision to dismiss. It is possible to be dismissed fairly if you were not capable of fulfilling the job role. This could be called capability. However, proper procedures should be followed and adjustments offered if reasonable…Here is link to the ACAS (Arbitration, Conciliation and Advice Service) website that explains this further:  https://www.acas.org.uk/dismissals/unfair-dismissal

I suggest that you could submit a grievance to your manager saying that you feel that they could have offered you more support and have waited to see the impact of the one hour less per day before reaching any decision.  Does your employer have a procedure for raising a grievance? Here is a link about raising a grievance:

https://www.citizensadvice.org.uk/work/grievance-meetings/complaint-about-a-problem-at-work-grievance-letter-checklist/

I hope that the above information is useful, but if you would like to discuss the situation please reply to this message or ring us on the number given below.