| Solidarity Reps work to win cases for members on all kinds of workplace issues. Here is a sample of our recent cases. Getting a reasonable adjustment A member who suffers from a medical condition was running into trouble with her manager for repeated sickness absences. Using the Company’s absence procedures, it looked like the member would be forced out on medical grounds or simply on a failure to work.Solidarity asked the member to contact her GP to see if her condition was in reality a disability. Her GP confirmed that. The Union pointed out that the Equalities Act expects disabled employees to be offered a ‘Reasonable Adjustment’ i.e., allowing or offering a way of working or specific equipment that will allow the employee to perform to the best of their ability. In this case the equipment as set up was aggravating a medical condition leading to sickness absence. Adjustments (which were reasonable for both the individual and company) resolved the problem. Assault allegation kicked out A Solidarity member in the NHS was accused of assault. She was told it could amount to gross misconduct and he could lose his job. It became clear at the disciplinary that the hearing Chair had inappropriately spoken to witness. Our Rep pointed out this procedural flaw which resulted in the sanction being downgraded to a warning. On appeal our Rep was able to get the warning thrown out. Accused of sexual harassment but mitigating factors put forward In another NHS case a member was accused of sexual harassment of a patient. He was told he could lose his job. Our Rep, however, was able to point out mitigating circumstances and the insight practiced by the member with the result that the member received only a warning.Half pay on sickness restored to full payA member was moved onto half pay during a sickness absence caused by the inaction of management in dealing with work stress. Solidarity was able to persuade the company to pay full pay in back pay for the period in question. Attempts to kick out a discrimination case foiled An attempt to kick out a discrimination claim on behalf of a member at a Preliminary hearing was foiled by our General Secretary. An attempt to say that the wrong company had been named as the employer was abandoned by the Barrister representing the employer as a result of evidence of the links between the various companies involved. The Barrister had to clarify which company was the employer and to accept the substitution of their name on the paperwork. The case will now go forward to a five-day tribunal hearing unless a settlement can be agreed. |
