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MRDO

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  1. Gosh it was a long time ago that I started this thread and was just browsing through really old bookmarks. I had my ET on the 14/15 this week. I will right up what has happenned for anyone who is still around and is interested but dont have the time right now. The Judiciary are meeting in chambers to decide my case on the second of March as we ran out of time yesterday but will still tell more about this case later. Hope all are well.
  2. Hi there. Just a quick update on the situation. Sent off an ET1 and the "unfair dismissal" part of my claim has been accepted, but not the DD part as I hadnt put in a grievance about this. Thats now been done and will be re-submitting that part of my claim in 28 days.
  3. Haha...Maybe your right Cal. Just had an email back saying they have "laptop problems" !! UPDATE After I made the original request, and receiving the answer above, I was sent minutes of the meeting which was held at my house !! Im sure thats not what I asked for !! Anyway, after emailing back stating this, I received the following reply : "There were no notes kept of such meetings nor would there be any requirement for these. Any detail in respect of discussions with the Medical Officer on your condition and possible return to work, have been given to you in the form of the reports issued. Obviously we could not make any assumptions regarding your continued employment until the MO had given us his opinion so any possible decision / consideration could not have taken place before this date." As always I would value your comments. UPDATE 11th August Well I had my appeal today and they upheld the decision to dismiss me, so no real suprises there so I guess now its onto the tribunal stage.
  4. Yes you are right. Also spoke to a couple of solicitors today also and they seem to think I have a pretty strong case. As for the email, they had 5 hours to reply today but nothing so far. Should give them something to think about if nothing else !! As for forging minutes of meetings, they are not intelligent enough !!
  5. Thanks Cal. Update Just sent off an email to HR regarding audit trail of any discussions that took place regarding alternatives to dismissal : "As you are aware my appeal is on Monday. As management had had no discussions with me about my illness or absence prior to my dismissal, I would like to request to see the audit trail of any discussion(s) that took place in my absence regarding alternatives to dismissal. Im sure in a case as serious as mine where I have been dismissed from my job after nearly 9 years, that minutes were taken at these discussions as it must have been an important part of the decision making process. If you could supply me with the minutes of these meetings I would be most grateful. Thanks in advance."
  6. Thanks Elche for the luck - haha but yes we both know what is going to happen ! Im not being represented at the appeal as I dont think it warrants it. If they give me my job back then fine, but if not then its obvious where this is heading. I will have legal representation at my ET, which I am sure will be in London. Of course yes I will keep you posted. The plot thickens !!
  7. Thanks Elche. I have my appeal on Monday so I will let you know what happens. I dont think there is much chance of being re-instated at this hearing as it is being held by another Manager who works with the one that dismissed me, and also the same lady who attended my dismissal hearing. They are the only 2 managers that work together on a day to day basis in the same office so I doubt very much that this managers mindset is going to be any different from the others. I would rather take my chances at a tribunal so do not want to give too much away at my appeal, apart from asking them if there is any audit trail for discusssions that took place regarding alternatives to dismissal, i.e. phased return, less hours, change of duties etc. As always I welcome members opinions on this matter. Thanks also Cal for your comments...
  8. Yes they are aware of this and the appeal will not be held by the same person...
  9. Yes...Thats what Ive had to work with for the past 9 years !!
  10. Hi...Just an update in whats going on. I had to phone my company today due to the fact I had not received my letter of dismissal - they had sent it to the wrong address. No suprise there. Eventually I got them through email, and Ive posted them below together with the medical report. Any opinions on their case would be most helpful as usual. Letter Of Dismissal I am writing further to our meeting which was held on Monday 28th July 2008 when we discussed your future employment with ********. ****** *****, Employee Relations Manager was also in attendance. We discussed the latest report we had received from *****, dated 27th June 2008, and also provided you with a copy for your records. As you are aware, the Senior Occupational Physician at ***** found it very difficult to give us any medical assurance regarding a sustained attendance at work and he therefore could not see any reasonable likelihood that you would in fact be able to attain a sustained attendance pattern in the future. As discussed with you, this is a grave concern to the Company, along with consideration to the amount of time you have already been absent from work since 2004. Therefore, as advised to you in the meeting, regrettably a decision has been reached that your contract of employment should be terminated on the grounds of ill health, with effect from Monday 28th July 2008. This has been a very difficult decision for me to reach but under the circumstances, I feel it is the only decision available to me, I can confirm that you will receive severance pay equivalent to 8 weeks of your basic salary, free from tax and national insurance deductions, and in addition to this, 8 weeks notice pay, which is subject to tax and national insurance deductions. If you wish to appeal against my decision, this should be made to me in writing within 7 days of receiving this letter. Yours sincerely Medical Report · As regards his "fitness to return", I am confident that in the foreseeable future he will make a sufficient recovery from his recurrent depression to return to working. · I have reviewed his sickness absence which, as you are aware, now appears to be well established and has over the years been predominantly due to recurrent bouts of depression. These have not been directly attributed to work related factors and he has been offered through various sources appropriate support and treatment to various degrees of success and compliance. · It is for this reason I would find it very difficult to give you any medical assurance regarding any sustained attendance as he appears to have a recurrent sickness absence problem despite appropriate interventions. In the balance of probabilities I cannot see any reasonable likelihood of him being able to attain a sustained attendance as his pattern of absence now appears to be well established. · Having reviewed his file and previous occupational health advice, I do not feel that any further formal occupational health consultation with ****** will uncover any further relevance medical information pertaining to his occupational health and welfare. However, as you are aware, ******* was last seen by Dr ****** in May of this year who applied for a further report from his GP at that time. This request has been chased and his general practice have informed us that they will hold the report that has been compiled until the 7 July under the three weeks' access to medical report Act. They will then release it to us or before then if Mr ****** gives his authorisation. I will of course keep you informed should this report reveal any further relevant information pertaining to his occupational health and further advice that you may find useful in managing this situation. Ive obviously edited these of names etc. for confidentiality reasons.
  11. Thanks Elche...Will update as and when anything new...Thanks again.
  12. Hi Jase. I dont believe I can negotiate a redundancy settlement because I havent been made redundant, I have been fired ! The job in itself is not causing my illness but is a contributing factor, and now even more so because of their actions. The reason they should try and make alternative arrangments for my employment i.e. Move me to another position within the company - is because under the DDA, they have to. As elche mentioned, they will have to show some kind of audit trail to prove that they seriously considered the possibility of moving me to another position, not just say to a tribunal that they had done that. The fact is that within my part of the company, staff who have been off sick with illness/injury other than depression HAVE been moved to a different position, and hence in law my company is discriminating against me because I suffer with recurring depression, and they are fearful that because of my condition, my absence could also recur. If I was working for a smallish company, I could totally understand their actions and the way they have dealt with me, but we are talking about a multi-billion £ company here, and the fact that they have said my sickness level is unsustainable is farcical, especially as in this instance I had only been absent since the beginning of May. I am not a DSS dosser, I am someone who has been in full time employment for 9 years with the same company, and as such I am very upset that I have been treated the way I have, and as such will fight to get my job back.
  13. Thanks again elche...your very helpful. I will keep you and anyone else informed of any developments.
  14. Thanks for your comments and advice Elche, really helpful. I am doubting very much that my bosses will be able to provide any kind of audit trail for seriously discussing moving me to another position, as like I said he nearly swallowed his tongue when I brought up this matter. Im wondering what your opinion is about them finding out that I would intend to use this argument at an ET, and them falsifying that they did indeed seriously discuss this matter ? What is stopping them from doing that post-dismissal ?
  15. Thanks for your opinion Coniff. I am under the impression that yes, they could of made reasonable adjustments quite easily within the company - the fact that over the 2 months I have been off they have made no attempt to meet with me to even discuss this matter I find incredulous. I think over the last 2 months I have received in total 1 phone call and 2 emails - the last of the emails confirming the meeting at my house. Like I stated previously, with the resources available to them, Im sure there is a lot more they could of done for me being the long standing employee that I was. Hi Elche...In answer to your comments : a) The type of job you did and what reasonable adjustments could have been made to accommodate your disability * Reasonable adjustments could have quite easily been made by changing my position to a less stressful one. b) Whether your employer looked at alternative jobs you could do in their organisation * At the meeting on Monday I brought up this subject and said that this had been looked at, but the look of suprise on their faces I dont think this was ever discussed, certainly not with me. c) What exactly the medical evidence said and whether your employer has attempted to obtain up to date medical evidence * As far as I am aware the medical information was up to date, but the report by the medical officer was written BEFORE he received any information from my GP. d) Whether you were warned in advance that dismissal was a possibility * The only way I was warned was the letter I received a week before requesting the meeting, which said, "...Owing to comments received from our medical officer, one of the avenues which may be explored could be the termination of your employment on ill health grounds..." - which makes me think that the words "...may be..." and "...could be..." were not very honest under the circumstances as at the time of writing they had already made up their minds what was going to happen.
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