Capability Procedure

[Peppy]

Dear All,
My husband has been experiencing memory loss for sometime and after 5 months has just attended a memory clinic assessment. However, his employers have just invoked the Capability Procedure because it is taking too long to get a diagnosis and his performance at work has dropped. His employers have hinted that it may be difficult to prove qualification for ill health retirement and dismissal is likely. He has worked for the organisation, with an exemplary record for 32 years. I am feeling a bit confused, disorientated and let down by the way he is being treated and would value hearing from anybody who has had a similar experience and can offer advice.

 

[Noorza]

Dear All,
My husband has been experiencing memory loss for sometime and after 5 months has just attended a memory clinic assessment. However, his employers have just invoked the Capability Procedure because it is taking too long to get a diagnosis and his performance at work has dropped. His employers have hinted that it may be difficult to prove qualification for ill health retirement and dismissal is likely. He has worked for the organisation, with an exemplary record for 32 years. I am feeling a bit confused, disorientated and let down by the way he is being treated and would value hearing from anybody who has had a similar experience and can offer advice.

I have no advice other than to suggest contacting ACAS

http://www.acas.org.uk/index.aspx?articleid=1461

They really helped a friend of mine a couple of years back and they don't charge.

I feel sure there has to be Disability Discrimination surrounding this somewhere but don't have the knowledge to go further. ACAS though are excellent from personal experience.

 

[Izzy]

Is your husband Union member? If so I'm sure there would be someone knowledgeable to support him in this process.

 

[Bumblegirl]

Hi,
I think you should go to the citizens advice bureau for advice. The employers surely cannot make a decision to dismiss if the medical assessment is not yet complete. It would be a very premature decision and could easily be challenged at a tribunal so they are being a little bit naughty.

Do you have the legal protection bit of a home insurance policy? It might be that you can employ a lawyer with this policy and play hard ball with his employers.

Ensure your or your husband put in writing that he is undergoing assessment for mental illness and that the employer needs to consider this in light of any capability issues arising. Therefore, until the assessment is complete, it would be difficult to make an decision on capability since there could be a medical reason behind the capability. In he interests of due process they need to wait for the assessment to run its course. Email it to his manager and HR person.

Please do see the CAB and check if you home insurance covers you for legal advice.

Good luck
BG

 

[stanleypj]

Hi Peppy and welcome to TP.

This is very disturbing and I agree with Noorza that there may well be disability discrimination issues involved. I hope you'll get help from the sources that have been suggested.

Of course these cases are difficult for employers too, but hinting that they might move to dismissal seems to be pre-empting the capability procedure and they could already have created a problem for themselves and an opportunity for your husband. In view of what you say about his record, your feelings are perfectly understandable.

One other thing you could do is to try and get your MP involved. This could well be helpful in the context of the current dementia awareness campaign.

The exact diagnosis your husband finally receives isn't really the issue. If his performance is being affected by this health issue, which it clearly is, that could well be grounds for ill health retirement.

Is he employed in the public or the private sector? This could make a difference.

I hope he is a member of a union as this could be a great help.

Take care