Medical Capability Dismissal

[Bookworm]

Can't really add much, as you're in Scotland and I don't know anything about the procedure there for ETs.

I would however make sure that you don't miss the deadline date, I think they are hoping that that's what you'll do.

From previous experience, I would suggest that you make a transcript of the recording, as I was told at an English ET that introducing a tape as evidence can be a bit difficult (a few years ago, mind you), and besides, it is easier for everyone to have a transcript anyway and you can always introduce the tape as evidence and the tribunal can decide whether they want to hear it or not.

Can't help more than that, sorry. But don't let it go, it's a disgrace they should treat you like this.

[eforegg]

Thanks for all the advice and support. I definitely wont be letting this slip, that much is certain.

[c00kiemonster]

Good Luck eforegg

I was layed off last year from a job after taking a few months off with sciatica from an injury i sustained while at work.
I had been in there employment for less than 12 months tho, so unfair dismissal just never came into it.

Was dealt with very dirty too, one day got a phone call from from boss acting all concerned and such and asking if i could come in for a meeting, to have a chat.

At that meeting i was dismissed with no warning at all and was given no rights, i was fuming to say the least!!!

I appealed, which was a waste of time as they weren't even open to suggestion

So Im left all bitter and twisted like a lemon cork screw lol

So thats why im wishing you good luck eforegg, go get em

cm

[advisee]

Originally Posted by c00kiemonster

Good Luck eforegg

I was layed off last year from a job after taking a few months off with sciatica from an injury i sustained while at work.
I had been in there employment for less than 12 months tho, so unfair dismissal just never came into it.

Was dealt with very dirty too, one day got a phone call from from boss acting all concerned and such and asking if i could come in for a meeting, to have a chat.

At that meeting i was dismissed with no warning at all and was given no rights, i was fuming to say the least!!!

I appealed, which was a waste of time as they weren't even open to suggestion

So Im left all bitter and twisted like a lemon cork screw lol

So thats why im wishing you good luck eforegg, go get em

cm

CM, when was this? You have a wrongful dismissal claim (did you get paid any notice pay) and a potential unfair dismissal claim on the grounds of disability.

[eforegg]

Back again, firstly thank you to everyone who has commented and gave wishes of support. It is appreciated.

I'm completing the ET1 form currently, slowly but diligently I hope. I had stated earlier in this post I have audio recordings of the last 3 meetings (my informal meeting, formal dismissal meeting and Appeal hearing)

I have been advised best to indicate I have these earlier rather than later to avoid any recriminations if it goes to tribunal. Should I state in the ET1 I have recordings of these meetings, or should I keep under wraps until I hear my employers initial response? Assuming my claim doesn't get dismissed straight off, which is always a worry!

[installspark]

Are you claiming disability discrimination on your ET form? If so have you sent a DL56 - The Questions Procedure to your employer. This will be required at some point by an ET as part of any disability discrimination claim.

Also, although I'm not sure if his would apply in Scotland, if you are claiming on the grounds of disability discrimination and a grievance and appeal have been raised the time limit is extended by a further 3 months for a claim to ET to be made.

You may also find the following document useful in assisting your claim

Disability Discrimination Act 1995 Code of Practice - Employment and Occupation

[eforegg]

I am claiming both Disability Discrimination & Unfair Dismissal. I was planning on sending the DL56 after I had sent in my ET1 purely because I've been concentrating my efforts on the ET1 with the deadline approaching.

Not sure if the deadline is extended however rather than take any chances I"ll definitely have in before the 3 month deadline.

Thanks for the links.

[eforegg]

Back again, firstly thanks everyone who has been reading and posting for your patience and support. I'm sure everyone who has been through this/going through it will appreciate the stress and how good it is a site such as this exists. You can accuse the use of technology for all manner of ills, but the sharing of information and the empowerment that can come with that, has got to be one of the benefits of the 21st century. I'm rambling.

I've just completed my ET1 online and will be submitting soon. The sooner the better obviously however when I see it written out its enormous. I wondered if I'm perhaps going into too much detail at this initial stage. I guess I'm worried the employment folk dismiss and I dont even get past the first hurdle hence being exhaustive. Would anyone with be prepared (if I PM them or email them, I'd rather not post it all here, I guess there's a degree of paranoia in me) to have a quick look over what I've written.

Any help would be really appreciated.

Thanks again

[eforegg]

Just a bit of an update. Submitted my ET1 online over the weekend and today received a letter from the Employment Tribunals (Scotland) saying my claim has been accepted, etc, etc. I guess this is were the journey really begins in earnest.

Thanks to everyone who has helped get me this far.

[installspark]

The first hurdle is now over, just wait to see the response from the respondent. 99% certain that they will deny the claim.

[eforegg]

Hope all have had a nice Easter.

I have a quick question with regards the respondents 28 day time limit. Under normal circumstances the 28 day time limit for my employer to respond would be today. As there have been 2 bank holidays does that extend the time scale or is it still a strict 28 calendar days? This is of course assuming they haven't applied for an extension.

[installspark]

It is 28 calendar days

[eforegg]

Not quite sure what to make of this.

I'm just off the phone to the Employment Tribunals (Scotland). My case has been sent to a chairperson for review and to see whether a default judgment is appropriate, as my ex-employer has not submitted a response. I must admit I never really factored in this eventuality. It doesn't really make any sense to me.

I've read up on the potential outcomes and rather than getting ahead of myself, I think it's a matter of wait and see what the chairperson decides. The cynic in me keeps thinking there must be something behind this. Is there any obvious (or not for that matter) reason why an employer would adopt this "tactic"? Is there any benefit to a respondent doing this? You can probably tell I'm a bit bemused and feel there's a game being played out behind the scenes by my ex-employer.

It's kind of threw what I had planned to do next. As I've mentioned previously, I have audio recordings (and transcriptions) of the relevant meetings which back up my claim. My ex-employer, as far as I'm aware, does not know I have these. I didn't disclose this on the ET1, as I felt best to hear their response based on their own information and notes and then counter with my own evidence, rather than give them everything up front.

There's obviously a chance this will go to a hearing sooner rather than later now and I certainly want to disclose this evidence before then. Can anyone advise the best way to go about this. Can I just write to the tribunal, or would I do this by contacting ACAS? Sorry if I sound a bit green about all this.

Thanks

[JonCris]

You will have to wait & see but an undefended adjudication in your favour is good for you because you will still be able to bring a civil claim for personal injury damages above & beyond those awarded by the ET for wrongful dismissal

[eforegg]

Thanks for the reply JonCris. To be honest that's an avenue I've never considered. Rightly or wrongly, because my claim is on the basis of both unfair dismissal and disability discrimination I figured any personal injury remedies could be addressed through the disability discrimination portion, which is ultimately where I feel most wronged. If that makes any sense.

As you say though it's really wait and see.

[JonCris]

The DD at the ET claim does not preclude you from making a PI claim. The fact that your employer appears to have damaged you over a prolonged period of time will not be addressed at the ET. It will however influence the decision of the ET makes it decision

[paulgmb]

As JonCris has stated this is generally good news. Tribunals take a dim view of employers/employees not responding and they were probably sounding you out for your view. Unless the company come up with a very good reason for not having submitted in time the chair can rule that no defence can be submitted and so your case would proceed to tribunal very much in your favour.

In cases like this its lambs to the slaughter and it puts you in a very strong bargaining position, most employers will want to settle out of court. You should check out (someone on here may be able to help) what the maximum sanction is and look at some figure close to this.

Someone I was asked to represent around 5 years ago was in a very similar position. A large company refused him the right to be accompanied at a disciplinary hearing (by me!) and so we lodged a claim. His company failed to respond in time trying to argue that the paperwork from the tribunal went to the wrong office, someone else had been on holiday the usual waffle and the tribunal was having none of it. He settled for about £50 less than the maximum sanction which was either 1 or 2 weeks salary and still works there today!

I hope this has been useful and the chair is similarly unimpressed as above!