Hi Jan
I'm a new member and this is my first posting but I strongly feel that I need to try to help you. I run my own HR / Personnel services company and have 15 years experience in various HR Manager jobs!
If your manager tries to dismiss you under 'capability' he is potentially acting unlawfully. He must do everything possible to try to accommodate you especially as you may well be considered to have a disability. To dismiss you as a direct result of your illness would potentially be unlawful. He must try and find you alternative duties; reduced hours etc or any other work patterns that might help you settle back into the workplace whilst you make a full recovery. This all used to be under the DDA (Disability Discrimination Act) but that has just been repealed and replaced by the Equality Act which is likely to make your case stronger. That's not to say that once he has exhausted all potential possibilities that he could not ultimately fairly dismiss you but generally that would be a lot longer way down the line! Basically if he continues in this vein you need to contact ACAS, your Union (if you have one) or solicitor. Kind regards LanaH XX
