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[hotel21]

Does the Disability Discrimination Act not apply on your side of the wall then?

It undoubtedly does Cap'n, or if not, our version of it. 

[Lizzie_Zoom]

I do not really know if it is applicable now, but when I was an employer there was a scheme whereby you could employ a person who was registered as "disabled", which included all physical and mental disabilities, and the government would pay a large percentage of their wage. This of course was to encourage employers to engage such workers.

Does this scheme still exist?  If so in this case their can be little saving for the dealership by discontinuing the lads employment.  As for H&S reasons, unless it is a profession classed as "high risk", then I do not think the dealership can legally terminate his employment on that basis.

Whatever the reasons the dealership will have to justify why they have dismissed a worker who is fully protected by Employment Law, and this case should be referred to an Tribunal after seeking legal advice

[Mysteryman]

As I said earlier, the lad may have some legal redress. But it's the damage it will have done to him already that would concern me, especially if he is unable to fully understand what is happening.

 

[hotel21]

Vamps - yes, the lad has what can be generalised as 'learning difficulties'.  He lives with his parents (who are almost pension age) and does need 'adult' input to ensure he is on the straight and narrow on a daily basis as regards washing, changing clothes etc but he is quite sharp in his own way.

Sounds a little unkind but he can count his change in a shop and woe betide you if its a penny short!     He can be abrupt and cut across conversations but, as said, he has a mental age of circa 10 or 12....

I only learned of this situation this afternoon and only got a cut down version of the story as we were in the process of leaving but will get a fuller brief in the next few days.

Plus, the Ford dealership is part of the same larger company that i now work for so will ask about, on the QT, and see what I can dredge up....   

[PhilRich]

This lad almost certainly 'gives' more to his workplace than he his given in return!. His workmates & everyone he comes into contact with will have had their perception of 'disabled' people altered (hopefully for the better) purely because he is one of the team. I don't the ins & outs of the 'System' these days, but this Sucks whichever way you look at it!

[hotel21]

As I said earlier, the lad may have some legal redress. But it's the damage it will have done to him already that would concern me, especially if he is unable to fully understand what is happening.

 

That, in a nutshell, is what concerns me.  He is laughing it off, saying his mum has plenty of work for him but, all said and done, its not going to be the same, is it?  If he is away from mum and dad for twenty or so hours a week, it has to be advantageous to both of them, I would have thought.

[Taxi_Driver]

I 'sorta' know a similar guy, he must be late 30's early 40's.....and probably same sorta mental age (10 - 12ish).
He's employed by my local council.....used to work at the local tip, but now works at a local park.....not sure what he does there and dont know why he was moved there.
I dont know if he supervised constantly either.

How i know him, is the local council pay for his cab fares to and from work.....and i, now and then, get his job to take him home...

I think its good the local council will employ persons, not as lucky in life as the majority as us....and it seems they are not that H&S as your local Ford garage B.....however as said i dont know if he's supervised all the time at work, tho' he isnt escorted to the cab that comes to pick him up...he finds his own way to the car that comes to get him.

[Dishevelled Den]

does health and safety really have that much of a say so?  either way, to me, its a very sad reflection on our current society 

A very poignant tale of where we presently stand in this modern country.

A lot of people can't function now without covering their arses - Christ alone knows what the coming decade will bring when the next batch of box-tickers are released to ply their trade.

[Mysteryman]

does health and safety really have that much of a say so?  either way, to me, its a very sad reflection on our current society 

A very poignant tale of where we presently stand in this modern country.

A lot of people can't function now without covering their arses - Christ alone knows what the coming decade will bring when the next batch of box-tickers are released to ply their trade.

That's about all the next generation will be capable of.

University modules in 'box ticking'. Don't laugh

[Amigo]

Such things bring a lump to my throat as much as anger me. Most of the relevant responses have been succinctly put so i can only add to Kens approach to involve local press, TV, Radio & any other media. Even if this does'nt result in his reinstatement (which with such a large co. i doubt it will) it might just lead to a local smaller firm offering him a similar position...maybe some good an come out of it?
    Thoughts with the lad, Guy.

[feeutfo]

H+s is bull IMO, it's a cut back, if the workshop is not a safe environment for him then they have to sort the workshop instead. So a double cut back, they don't have to spend on making the workshop safe, supervised or not, and they can show a wage saved.

Ime cab is waste of time they are snowed under, most mortgages offer a legal advice service as part of the deal. If you or the lads parents have access to such a thing that's a far better option.

I'm fairly sure a clued up employment lawyer would rip em a new one tbh. For distress to the whole family probably.

HR dept. needs a kicking there. 

[Nickbat]

Sadly, H&S being the joke it is these days, is easily used as a "cop-out".

Methinks you are right to investigate on the QT before jumping to conclusions, Hotel!

[Lizzie_Zoom]

I do not really know if it is applicable now, but when I was an employer there was a scheme whereby you could employ a person who was registered as "disabled", which included all physical and mental disabilities, and the government would pay a large percentage of their wage. This of course was to encourage employers to engage such workers.

Does this scheme still exist?  If so in this case their can be little saving for the dealership by discontinuing the lads employment.  As for H&S reasons, unless it is a profession classed as "high risk", then I do not think the dealership can legally terminate his employment on that basis.

Whatever the reasons the dealership will have to justify why they have dismissed a worker who is fully protected by Employment Law, and this case should be referred to an Tribunal after seeking legal advice

Well, anyone?  Is there someone in the know who can answer please? :-/ :-/

[jerry]

seems like he should be covered under the 1995 disability discrimination act (and the updated 2010 Equality Act). Much of what falls under the DDA is based on test cases found at Employment Tribunals, but these do include mental health issues such as learning difficulties, significant dyslexia and post natal depression. With my union we ask 5 questions to help us determine whether a member should be covered by the DDA;
1)Is there a mental or physical impairment?
2)Is it more than a trivial condition?
3)Has it or will it last more than a year?
4)What would happen if any meds were stopped?
5)Does it affect everyday life? eg-mobility/manual dexterity/co ordination/lifting/speech/memory/hearing/concentration/eyesight/learning and understanding.
Under the act employers have a duty to make "reasonable adjustments" to take into account of their emplyee in a wide range of situations. There may well be some areas of concern re this lad in the workplace but then the company should perform proper risk assesments (to protect both him and his workmates) in order to decide what-if any-changes should be made to accomodate. Sounds like the family need some legal advice but speak to the owners as they have obviously been happy with him until now and the very mention of their LEGAL responsibilites under the 1995 DDA and 2010 Equality Act may at least scare them into a more reasonable and considered approach. Good luck

[Tony H]

What a sad situation, it's a typical action by the the management not looking at the "bigger picture" I hope everything works out for the lad. I have a relative who specialises in employment law, I'll run this case by him and p.m. you his opinion

Having sought advice regarding this to put it bluntly the Ford dealership are up sh*t creek for the following reasons.
The company would find it difficult to site H&S as a reason for dismissal due to the fact that it does not seem to have been a problem over the last fifteen years. Even if the company say that the situation has changed,there are set proceedures that must be followed, reviews and asessments etc. If the company thought that his presence in the workplace would cause imminant risk they would have to suspend him on full pay until the reviews were completed.
If it were to go to a tribunal the company would be in for the high jump if disability discrimination was prooved, and the lad could be in for cosiderable compensation not only for loss of earnings but also any phycological damage caused by his dismissal.
In answer to Lizzies question yes there are grants available to businesses that take on people wth both pysical and mental issues.