Evenwood Lane

Evenwood
Bishop Auckland
County Durham
Dl14 9NJ
Private & Confidential Tel: +44 (0) 1604 880261

Hussain Mahfooz

Issued via email

19th January 2023

Dear Hussain,

RE: Capability/Welfare Review Meeting Outcome

Thank you for attending the Capability/Welfare meeting with myself and Marie Walker on Thursday 12th
January 2023 at Fablink Evenwood, I write to confirm the key points discussed.

You were offered the opportunity to be accompanied by either a work colleague or Trade Union
representative but instead arrived with your son who you requested attend to assist with any potential
translation needs, this was accepted.

We discussed your invitation to attend an absence and welfare meeting on 27th October 2022 which you had
failed to attend or notify the Company. You told me that your reasoning for this was that you were unwell
with Covid.

I explained to you that the purpose of the meeting was to discuss your absence, current health, and find out
a bit more about your situation and to also see if the Company could do anything to support you. I also
explained that your absence had reached a continuous period of 18 months and it was now crucial to
understand if there was a likelihood of a return to work and in the foreseeable future.

You told me that you have four damaged discs in your lower back, two of which are unfortunately
untreatable further as advised by medical professionals. You explained that the issues with your discs are
now affecting your legs and that you are hopeful of receiving steroid injections to treat the pain in the near
future as you are currently on a waiting list.

On 12th December 2022, Marie emailed you a letter detailing the Company’s request for you to consent to
an Occupational Health assessment to assist us with medical advice on your situation. This email had not
been acknowledged or responded to and I asked you for the reasons behind this. You explained that this was
due to illness at the time but were happy to provide consent at our meeting which you subsequently
provided.

We discussed your role of a Welder at Fablink, and you told me that your duties involve arm welding and you
are contracted to a 37 hour full time working week. I pointed out that having joined the Company on 7th June
2021, you have been continuously absent since 2nd September 2021 resulting in just three months
attendance in over two years. You told me that during your short period of work, you enjoyed the job,
believed it was a good position and found the workplace friendly.

Fablink Tank Systems Limited

Registered Office: Evenwood, Bishop Auckland, Co. Durham, DL14 9NJ
Registered in England. Company No. 6912855
Although you have consistently provided fit notes from your GP throughout your absence, I explained that
the Company had very little knowledge of your condition other than it being described as a “bad back” by
your GP. I asked what had triggered the cause of this in September 2021 and you informed me that you have
a history of back related issues and had previous surgery in 2006 whilst residing in Italy. You explained that
the surgery was a success as you had not experienced any further problems until September 2021 which is
when the pain resurfaced. You provided hospital letters which confirmed a previous diagnosis of “Lumbar
spine disc protrusion”.

I asked if you have been prescribed any pain relief medication by your GP and you told me that you were
taking Naproxen and Pregabalin, which again were confirmed in hospital documentation provided by you at
the meeting.

You informed me that you had a GP appointment later today and that you were awaiting a hospital
appointment where you are hopeful of receiving steroid injections to assist with your ongoing pain, although
it is apparent from the hospital documentation provided that there is no clear or known treatment plan for
long term resolution. I asked if your symptoms were affecting you in your personal life and whether these
had impacted upon any usual routines or hobbies, you told me that you were quite restricted in what you
are able to do in terms of physical activities and also confirmed that you were not engaged in any other
employment.

I asked you whether you felt a return to your welding duties at Fablink was achievable or expected on your
part and you told me that once you had received the steroid injections you were hopeful of a return. I
explained that the Company has a duty to explore any reasonable adjustments in the workplace in order to
support employees with long term health conditions back to work. I told you that as an employer we can
review and consider our own adjustments and also consider the employees suggestions and take these on
board. We also request advice and opinion from Occupational Health providers as they are medical
professionals and obviously understand the diagnoses and symptoms of ailments and how these can impact
on you and also the safety of others in the workplace. I explained that this was the purpose of the
Company’s request for your consent to attend a health assessment with our occupational health provider. I
asked if you had any views on potential reasonable adjustments in the workplace which may support a
return to work, and you told me “I can’t stand for long periods”.

I further explained that if an employee is unable to continue in their usual role due to ill health or disability,
and no adjustments can be made, we then have a duty to make a reasonable effort to find alternative
suitable employment within the business. At the time of the meeting, it was my understanding that any live
vacancies or opportunities involved physical and manual working. Marie confirmed that she would discuss
any potential future opportunities with James Heslington, Head of Manufacturing Operations.

As highlighted in the letter inviting you to the meeting, I reiterated that one potential outcome of the
capability process is dismissal on the grounds of ill health. I confirmed that this was a possibility but would
not be considered until such time that the Company has followed the correct process and reviewed and
explored all possible options including the previously mentioned reasonable adjustments and alternative
employment opportunities.

I asked for your honest thoughts on a potential return to work and you told me that you had over twenty
years’ experience working as a welder, and you were keen to return to your role at Fablink. I reiterated that I
had a duty to inform you of all possible outcomes of the process and that we were committed to supporting
a return to work. For information purposes, I explained that if the outcome of the capability process was to
result in your employment being terminated, you would be entitled to your contractual notice and any

Fablink Tank Systems Limited

Registered Office: Evenwood, Bishop Auckland, Co. Durham, DL14 9NJ
Registered in England. Company No. 6912855
accrued but unused holiday entitlement. In addition, you would be provided with a written outcome
detailing the full reasons behind any decision.

Following your consent to attend an occupational health assessment, Marie confirmed that she would make
the necessary arrangements and would confirm the details with you once complete. Upon receipt of the
occupational health report following your appointment, I will arrange to meet with you again to discuss the
content and consider any advice and recommendations made.

Thank you for attending the meeting and for providing us with copies of your medical documentation. If you
have any queries regarding the content of this letter, please feel free to contact me or Marie directly.

Yours sincerely

Brett Kidson
HR Business Partner

Fablink Tank Systems Limited

Registered Office: Evenwood, Bishop Auckland, Co. Durham, DL14 9NJ
Registered in England. Company No. 6912855