There are serious ongoing problems in relation to Long Term Ilness in BT. CWU Head office commenced a critical look at the abuse of the Long Term Illness Procedure as a means of reducning head-count without paying redundancy. Employees currently at work with a good sick record but with medical restrictions, are being processed under the Long Term Illness Procedure and people covered by the Disability Discrimination Act are not being given reasonable adjustment to enable them to return to or to continue to work. The Union have sought legal advice regarding the refusal to give medical retirement to members who meet the given criteria of "permanently until to do the duties fo their post" This advice is as follows:- "Cases cannot normally be processed within the Employment Tribunal system because the maximum compensation for a complaint of breach of contract is £25,000. This sum would fall far short of the required level of compensation in most cases. In order to gain medical retirement for a member, it would be necessary to obtain a "declaration" from the High Court that the individual should have been medically retired and follwoing this the Court would either give an order to activate medical retirement or compensation to the appropriate level. This is a very substantial sum of money. The Union is looking for test cases that involve the following:- An older member or one with a serious life-threatening illness. ( this would make the qualification of "permanent" easier to prove). A member who made all the medical evidence available to BT at the time of dismissal. A member who has been dismissed within the last six years. (Six years is the legal limit but more recent cases would be better). Retirement in the Interests of Efficiency. This applies where the employee does not qualify for medical retirement and termination is justified and the individual is over 50 years old and subject to Section B or C Pension rules. Or the individual is over 55 and makes a choice under the section A rule. BT's stated objective is to ensure that all employees with long term illness are treated sympathetically with fairness and consideration with regard to Medical Retirement Suitable alternative work BT's policy on disabled people This applies whether or not that individual is covered by the DDA. The Union advises members on long term sick leave to get back to work as soon as possible with a letter from their doctor if there are duty restrictions. They should refuse to get a sick note if the doctor has signed them as fit for work. Enlist the help of the Union to identify work they can do and suggest this in writing to the management and keep copies of all letters. Write on a weekly basis to ask whether any jobs have been found. People should adopt a positive attitude and only refuse jobs if there is written medical evidence showing they are unsuitable. If members are sent home pending an OHS examination, this could ammount to discrimination under the DDA. In tese cases, a protest should be made in writing and a letter obtained from the doctor saying they are fit for work and specifying the work they can do. Again the manager should be contacted regularly and asked what progress is being made and asking when the member will be returned to work. Management can fairly dismiss a member sho is off work sick for a long period. But it is much more difficult who is at work. A member who has made every effort to remain in work will impress a tribunal when the time comes but our objective is to make it as difficult as possible to dismiss our members. To dismiss someone on the grounds of their disability will be unfair unless the employer can justify the dismissal showing:- The employer has made every adjustment That there were no suitable vacancies That the employee's duties could not be adjusted That the manager has been reasonable keeping the job open. There are two possible complaints that could be made to a Tribunal:- Unfair Dismissal Disability Discrimination - including dimissal on the grounds of disability. Employers can dismiss because an employee is not able to do the job but:- They must behave reasonably They must not dismiss on the grounds of disability unless they can justify the dismissal.