Hassan the Retention Specialist received a referral from Compass Psychology in September.  The client is a mobile health worker who was directly employed by a company contracted by University College Hospital.  The client had been on long term sick due to his depression and a drug issue.  He was making a good recovery and was waiting to return to work.  The reason for the referral was that when he was ready to return to work he met with his line manager who told him that his employment may be at risk and that he should look for a new job.  No clarification about his position was given although he was told that his employer was looking to dismiss him because of his sickness absence. 

Hassan contacted the line manager but they refused to speak with him and passed him on to the company management and the hospital.  The client was then advised he was being instantly dismissed as the hospital had cancelled the contract.  Other workers in the client’s team had been directly employed by the hospital. 

Hassan contacted the Hospital HR asking them to review their actions.  Firstly that there may be a case for a transfer of undertakings (TUPE) as the contract service was essentially the same, and secondly that there may be a case of unfair selection for dismissal based on our client’s disability related absence.  After a short review the client has received a letter from the hospital withdrawing the termination of employment because on review they agreed TUPE did apply and also agreeing a return to work plan drafted by Hassan with the client.

 Throughout this process Hassan supported the client, ensuring that he knew what was happening and that he was happy with the intervention.  He liaised with Compass and advised the employer that he could offer support during the phased return to work and to the wider team.