Following a disciplinary hearing where an employee insisted he was medically unable to fulfil his standby/call out duties, I referred the individual to Occupational Health at his request.
He has an appauling sickness record going back years, but this has never been tackled.
The medical report stated that the employee was actually unfit to do his standby and also unfit to be working 37 hours. We were advised that we must reduce his hours to approx half.
As you can imagine the employee was not too happy. However our Employment solicitor has advised that our hands are tied and that we have no alternative. If anything should happen to this man, we could be held liable.
Has anyone ever experienced anything like this before?