Consideration of Dismissal

[Marcusabacus]

I've just heard that I have a COD and my line manager says OH will be in touch.

Over the last few years I've had 3 operations on my back, (365 days off in 4 years) the last one being in February 2025. I was sick from Jan 7th 2025 and returned at the start of June , light duties now back on full duty.

My last OH health report states I may be covered under the disability act (Legal rather than Medical)

Question is how will it proceed and could I be dismissed even though multiple OH/GP reports state I wasn't fit to work and why are they doing this now after being back on full duty with no issues?

Thanks

[qwerty2]

Get legal advice - search around some may do it for free
Sue them for every penny if they sack you

[redlen]

For a start can almost guarantee you are covered under the Equality Act 2010 as a disability.

With that you will have protected characteristics.

You also have protection with continuity of employment,

How dare your line manager inform you of a COD without first getting a report from Occupational Health.
At least an offer of Ill health retirement with payment.

You have had this condition long term and substantial impact with day to day activities because of continued surgery,

The key to this will be if your condition is progressive, or has the surgery rectified your condition so no future sick absence requiring mediacal intervention for that condition.

The other thing is that you are back to work on full duties so dismissal will be unfair and wrongful as it is contravening a protected statutory right.

As stated previously

You need expert qualified advice to Nip it in the bud.

[Marcusabacus]

Thanks for the replies.

Do I say to OH that going forward my back issues have been fixed (They have) so sickness is not going to be an issue going forward or not?

[TrueBlueTerrier]

This is a specialized area of employment and disability discrimination law. As someone suggested, try to gain legal advice; the Citizens Advice Bureau is an excellent resource, and they can provide guidance as well.

[Hitbox]

if you are a union member you can get free legal advice to do with this from UnionLine

you can also get free legal advice from your car insurer (third party i think)_

along with some home insurers too

[Dano boy]

You'd actually think his Union rep would be all over this doing all the work needed to help . But as usual very minimal until he's actually dismissed. The cwu reps really need to up their game ! The uncertainty due to lack of knowledge is not good enough as al you hear now is opgs up for dismissal without any clarity to the reasons why . A strong union would of stopped this bullying a long time ago . But sadly it just proves that the end is near for cwu in the workplace now

[SkiSunday]

You'd actually think his Union rep would be all over this doing all the work needed to help . But as usual very minimal until he's actually dismissed. The cwu reps really need to up their game ! The uncertainty due to lack of knowledge is not good enough as al you hear now is opgs up for dismissal without any clarity to the reasons why . A strong union would of stopped this bullying a long time ago . But sadly it just proves that the end is near for cwu in the workplace now

"You'll get a cushy walk/easy OT if you take a roll as a rep" Story as old as time with the CWU in big offices. Why do think this mob have sold us out?