Employee cant do job due to allergy

[james2004]

I have a business that involves using sticky plastic material.

One of my employees (4 years service) has developed a condition with his skin where he develops a rash when he touches the material.

I have done all the risk assessments on the material and so have the suppliers and there is no reason for this happening, however, the docs have said its just an allergy and there is nothing he can do apart from wear gloves.

The problem is its absolutely not possible to wear gloves using this product as its so sticky and its would interfere with the fitting process. Like using sellotape with cling film!

Ive tried to get alternative material but there is nothing available.

As he cant now do the job at all what can I do - its only a small firm so cant do anything else with him?

I cant make his job redundant as I need to replace him, I cant keep him as he cant do the job?

As an aside he has a terrible record and is on his last warning - buts thats beside the point I guess.

 

[Newchodge]

You need to sit down with him and discuss his condition. Is he able to use any form of medication that clears the rash? Have his doctors suggested whether it may clear up if he has a period without any exposure to the material? How serious is the condition?

You cannot continue to expose an employee to a substance that is hazardous to his health, so you need to be seen to be checking the extent of the medical problem. If the hazard is serious, based on his responses and if possible a formal report from his doctor (for which you will need to pay reasonable fees), you will have to advise him that you can no longer continue to employ him as he is not physically capable of doing the job in safety.

If there is genuinely no alternative, and you can show that you have reasonably considered possible alternatives, you can safely dismiss him due to capability.

Make sure you listen carefully to any proposals he may make, and consider them carefully.

If you do need to dismiss him you need to give him a minimum of 4 weeks' notice, or more if his contract specifies more. He will also be entitled to be paid any outstanding holiday pay. In his letter of dismissal spell out that the dismissal is due to the fact that he is no longer physically capable of doing the job because of his medical condition, there is no reasonable prospect of that condition changing within a reasonable timeframe and that there are no reasonable alternative jobs for him to do.

Do not mention his warning and poor record and do not let the idea of redundancy come up - the dismissal has nothing to do with his warnings and it certainly is not redundancy.

 

[james2004]

Thanks

I would not consider redundancy as its not the case.

Hes been off for weeks with the problem and he has seen doctors, consultants etc and we have paid for this. As soon as he gets back and touches the material it happens again.

The product is safe and the suppliers have also looked in to it but its been around for decades and never had a problem.

Its just one of those weird reactions you can explain not can the Docs.

 

[FirstClassVirtualOffice]

If you finish him he can claim dole but if he leaves he can't so maybe he's hoping you will terminate for that reason. Maybe it's also stress related because maybe he doesn't want to even be there if he doesn't do a good job - so makes it sound like he's not interested anyway but needs to be finished to claim benefits before he gets a chance to find another job. Most people would have realised by now there is no solution to the allergy and gone and got another job as they would know they can't carry on being employed.

 

[stender]

Has he tried applying a barrier cream to his hands?

 

[ITsoldUK]

Has he tried applying a barrier cream to his hands?

Or wear a pair of gloves

Sent from my GT-I9300 using UK Business Forums

 

[lynxus]

Or wear a pair of gloves

Sent from my GT-I9300 using UK Business Forums

He said he cant wear gloves due to the sticky nature of the product...

Hmmm..

Seems like a rock and hard place. Even harder as he has only just become allergic to it.

 

[Paul Norman]

This is less complex than you may think.

A person being rendered incapable of doing a job due to changes in their health is a specific circumstance under which it may become necessary, and legal, to terminate their employment.

Obviously, if there is another position which they could do, they must be considered for it, but should that not be the case, this is a reason for ending the contract. Clearly, this should be carried out in a compassionate way.

It would be normal to investigate the absolute and long term nature of that incapacity by consulting a doctor.

 

[thelegalstop]

Did you actually talk to him about the possibilities. Paul Norman is right. This condition does not allow him to properly do the job - this is not discrimination.

 

[PrestonLad]

I'm no expert, although I'm aware that you can dismiss someone fairly on the grounds that they become unfit to do the task.

But the little question mark in my mind is that he has not just lost his fingers in a car accident... here, he has developed an allergy to a substance used routinely in the course of his work.

For all that the suppliers, doctors and literature say that they don't know of the condition, from what you say, there seems to be an allergic reaction to the substance. So if any of you HR experts know if that the employee could claim from the employer in any way (even though the employer is clearly not morally at any fault) - it would be interesting??

 

[Hash and Bash]

It is likely that the employee could bring a claim for work related dermatitis.
Better check your employee liability insurance is up to date!

 

[Newchodge]

A claim might be difficult if there has been no negligence on the part of the employer.

 

[JEREMY HAWKE]

Document everything including dates and times and if anybody is present .
Its sometimes good to have somebody with you in meetings and if you don't have anybody maybe an owner of a neighbouring business you know would be kind enough to sit in and help you out .

 

[lynxus]

Employees can do the job if they took some sort of safety measures or precautions for allergy.

Yeahh, thats not going to work here.

Its already been mentioned that he cant wear gloves due to the nature of the material.

Pills, Injections, whatever are never as good as people say they are ( Allergy sufferer here )

One thing he could try is to use E45 hand lotion a few times a day for lets say a week. and then try using the material again.

Having plenty of moisture can help reduce or infact remove the issue.

Has the employee changed his soap? his washing liquid? anything? something must of triggered it in 90% of cases and can be resolved if found.

Have you as the employer changed anything? type of soap you have? the type of tea or coffee ? etc?


Otherwise as others have said. Maybe sit him down, explain the issue and maybe if you could afford it give him some kind of leaving compensation to help while he finds a new job?

Do you know anyone else in the trade who would do with said skilled worker? Maybe helping him find a new job could solve everyones issue in one?

Just some thoughts that may help you both and more importantly not making you look bad.

 

[fisicx]

It could be a change in the washing powder he uses at home or his diet or a stress related thing.

I dicovered I was allergic to levendar until I stopped eating cheese! It was most bizarre.

 

[Berkshire Business]

Have you spoke to him? Maybe he's having the same problem as you. Also has your employee tried applying cream like has been mentioned above, or taking allergy tablets? There are various medications to prevent allergies.

 

[Chris Ashdown]

I would imagine to be safe and probably already done, the doctor has done a full allergy test on the skin to prove it is your material

You hear of many people who suffer the most unusual allergies and some seem to have be built up over time so when they star they are fine with the items that cause the allergy but after a time they become allergic to it

I would suggest you talk to one of the employment consultants on the forum and also get a independant doctors report before you take any action

 

[sjbeale]

I would agree that you need to get independent medical advice ideally from an occupational health advisor who can help you manage his employment and dismissal through capability if ultimately that needs to happen. They will prepare a report that you can take action against. As advised you need to document all meetings and show that you have tried to help the employee with reasonable adjustments as advised by the o/h adivsor if appropriate.

He will be covered the Equality Act for disability so you need to ensure you do not discriminate against him otherwise he could take you to an employment tribunal.

So long as you follow the above advice and act fairly and reasonably the employee will hopefully recognise that and not want to consider chasing you for compensation for dismissal if that is the outcome.

At the end of the day you are a small business and do not have boundless resources so you must do what you can to manage this situation.

I can recommend a good o/h advisor if you need this. Better than trying to use the employee's GP for advice as he will be on the side of his patient not you. I always recommend the use of o/h in these tricky circumstances.

 

[Talay]

Whatever the outcome regarding his departure, in this day and age, I cannot reasonably see how this will not end up in a claim against the company.

It may be without merit but the costs of defending such a claim need to be considered and all applicable insurances reviewed. Where necessary, it may be prudent to put insurers on notice as to a potential future claim. This would also extend to the insurers of the suppliers and manufacturers of the product which he is now allergic to.

In an environment of "no win, no fee" and "where there is blame there is a claim", I would be surprised if even the JSA do not direct him towards claiming as any potential settlement could impact on his entitlement to benefits.

Should he claim benefits after leaving employment, he will need to advise of this new disability and may wish to jump on the disability bandwagon. All these avenues lead directly to a claim or at very least the potential of needing to defend one.

On a personal note, it I worked for an employer and felt they had caused my disability, my lawyers would be instructed prior to my leaving employment with all avenues of liability investigated.

I do not see a happy ending for this one and feel it needs to be managed pro actively.

 

[Newchodge]

For an impairment to count as a disability it has to have a substantial effect on normal day to day life, and to have lasted or be expected to last for 12 months or more. I am not sure that a rash would count.

 

[FirstClassVirtualOffice]

And it seems only touching this particular material brings out the rash, so its not a disability, it's an allergy. Allergies can be avoided one way or another, disabilities can't.

 

[Linnette Jane]

Thanks

I would not consider redundancy as its not the case.

Hes been off for weeks with the problem and he has seen doctors, consultants etc and we have paid for this. As soon as he gets back and touches the material it happens again.

The product is safe and the suppliers have also looked in to it but its been around for decades and never had a problem.

Its just one of those weird reactions you can explain not can the Docs.

Yes james you are right. He must replace his employee, because his product is safe. His employee has an allergy and when his employee came back and touches the material again I guess, his employees allergy will be back again. Better talk to your employee of its health and let him out of you business.

 

[Berkshire Business]

Allergies can be avoided, if you want to keep this member of staff then you both should sit down and talk about your options.