The complainant had had a number of jobs at Heinz. The complainant went out sick from work on the end of March 2004 with repetitive strain injury and was referred for physiotherapy. Unfortunately her condition did not improve and she was referred to a consultant and it was diagnosed she was also suffering from fibromyalgia. The complainant remained out of work on sick leave and she had to have an operation for a different complaint in August 2004 and had a baby in July 2006. The complainant was seen by the company's occupational health advisor on a number of occasions. The complainant's medical advice, which the company had been kept fully informed about, was that she could not work in a cold environment such as that which obtained in the chilled department and that she could not lift heavy weights.

She would have taken clerical work with suitable training but said she could not give a return date with knowing her duties and was dismissed after more than three years' absence from work.

The actions of the employer were pretty much text book stuff and the decision is worth a read for anyone who has employees on long-term sick. They were fully appraised of the employee's health, considered alternatives, gave plenty of time to consider positions and the employee was incapable of doing her duties due to incapacity at the time of dismissal.
http://bit.ly/pnM2EV