We have an employee who has been continually absent for sickle cell over the last 2 years. We have got to the stage where he is on a final written warning for his absences. We have offered him a shorter working week which he has refused.
His next review is due soon, and his absences have not improved. He may therefore be dismissed. At an informal meeting he advised that he is seriously considering resigning before he is sacked.
My question is – could he potentially have a claim for disability discrimination and/or constructive dismissal?
Hazel Messenger
