1. OPERATION
1.1. The provisions do not apply where a staff member initiates his or her own medical retirement (or seeks a temporary disability pension where provided by his or her superannuation scheme). In such circumstances UKV Solutions Ltd and the staff member will follow the procedures required by the relevant superannuation scheme, as appropriate. At any time during the process commenced in paragraph 2 a staff member may initiate his or her own medical retirement (or seek a temporary disability pension), in which case any process commenced under paragraph will be suspended.
1.2. Nothing in this Part precludes UKV Solutions Ltd from, or in any way limits the capacity of UKV Solutions Ltd to take such action as it considers necessary to meet its obligations under applicable occupational health and safety legislation.
2. TERMINATION ON GROUNDS OF ILL HEALTH
Medical examination
2.1. Where UKV Solutions Ltd forms a view that a staff member’s ability to perform their duties is adversely affected by illness or injury (whether the staff member has taken sick leave or not), the staff member may be required to undergo an examination by an independent medical practitioner nominated by UKV Solutions Ltd to determine whether the staff member is fit to continue to perform their duties.
2.2. Where a staff member is required to undergo a medical examination pursuant to paragraph 2.1
2.2.1. UKV Solutions Ltd will provide the staff member with a copy of the referral document sent to the examining medical practitioner and at least one week’s notice of the date of the medical examination;
2.2.2. the medical practitioner will be required to provide a report to UKV Solutions Ltd on the staff member’s fitness for duty, and a copy of the report will normally be provided to the staff member by UKV Solutions Ltd; and
2.3. all expenses incurred in relation to such medical examination will be paid for by UKV Solutions Ltd.
Termination of employment on grounds of ill health
2.4. UKV Solutions Ltd may terminate the staff member’s employment in accordance with this paragraph 2.4 if a medical practitioner’s report indicates that the staff member:
2.4.1.1. has a permanent medical condition which prevents them from performing their normal duties; or
2.4.1.2. will be unable to perform their normal duties within 3 months (or in the case of a fixed term staff member, within 3 months or the balance of the term of their contract, whichever is the lesser).
2.5. Where UKV Solutions Ltd proposes to terminate a staff member’s employment for a reason specified in paragraph 2.4 the staff member must be given written notification of the proposed termination. The staff member will be given seven days to respond to the notification, and may request a review of the proposed termination.
2.6. A staff member may elect to resign before the UKV Solutions Ltd terminates their employment provided that their resignation takes effect within one month of receiving the notification under paragraph 2.5.
2.7. Where a staff member requests a review in accordance with paragraph 2.5 the termination process will be deferred until the completion of the review and the UKV Solutions Ltd will convene a Review Panel comprising the Managing Director and one other Manager of the company. The staff member may be accompanied by a person of his/her choice and may present what evidence the staff member wishes. However, where further medical evidence is to be provided at this stage by the staff member, the Review Panel may first request it to be provided to the Review Panel along with other evidence prior to the Review panel meeting so the evidence may be professionally assessed by qualified medical practioner(s) on behalf of UKV Solutions Ltd and the Review panel may be advised accordingly.
2.8. The Review Panel will review the decision that the staff member has a permanent medical condition which prevents them from performing their normal duties or will be unable to perform their normal duties within 3 months (or in the case of a fixed term staff member, within 3 months or the balance of the term of their contract, whichever is the lesser).
2.9. The Review Panel will determine its own procedure and complete its deliberations and submit its Report within 15 working days of the Panel being convened under paragraph 2.5.
2.10. After considering the Review Panel’s report the Board of Directors of UKV Solutions Ltd will make a final determination in relation to whether to terminate the staff member’s employment.
2.11. Where UKV Solutions Ltd decides to terminate a staff member’s employment on grounds of ill health it may terminate the employment by providing the period of notice of termination specified in the staff member’s contract of employment, or where such contract does not specify the period of notice required for the termination of the staff member’s employment, by providing three month’s written notice, or by providing payment in lieu of notice.
2.12. Where a staff member who is required to undergo a medical examination pursuant to paragraph 2.1 fails to do so without reasonable cause, UKV Solutions Ltd may conclude that the staff member is unable to perform the normal duties of their position and that they are unlikely to be able to do so within 3 months (or in the case of a fixed term staff member, 3 months or the balance of the term of their contract, whichever is the lesser), and may terminate the staff member’s employment by giving notice in accordance with paragraph 2.11. The failure to undergo a medical examination pursuant to paragraph 2.1 will not be treated as Misconduct, and the staff member will not be subjected to any greater penalty or loss of entitlements than would result from an adverse medical report.
(Martin Button is the Managing Director of UKV Solutions Ltd incorporating UK Vending (Britain’s longest serving vending business), UKV Finance (underwriting sales aid leasing across a vast range of product groups in the UK and Ireland), UKV Corporate Solutions (software development and distribution), UKV Solar (providing Green Energy solutions to businesses through unique financing packages) and UKV Office Perfect (nationally providing reprographics technology including printing, photocopying, MFPs and SFPs and integrated server based and in-cloud software).
Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of UKV SOLUTIONS Ltd, trading as UK VENDING, UKV CORPORATE SOLUTIONS, UKV SOLAR, UKV FINANCE. UKV SOLUTIONS LTD does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article and any article posted on the BLOG does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice or appropriate professional advice before embarking on any action or making any decision commercial
TERMINATION ON GROUNDS OF ILL HEALTH – POLICY