Thread: Dismissed from work

Hello everybody im new to the site and need some good advice!

I use to work in a leather trade shop where we use to do some heavy lifting , after some time working there badlifted a carpet and hurt my back and had to take a week sick. Now 2 weeks ago doing some work in the warehouse I hurt my back again so I called sick . The boss answered back that this job wasnt good for me and that i should find another job!after visiting the doctor she told me I have slight slip disc and wanted to give me Thur 3rd/fri 4th/sat 5th October sick but i told her I better go in on Sat as the boss was acting funny and I went in on saturday and was informed by the boss that he was ending my employment as in his words "i wasnt good for him anymore as i couldnt lift" He sent the employment termination to ETC (employment and training centre) on the 4th October ! And he wrote Dismissed as reason of termination so I couldnt even register and get money! The social security told me to write a legal letter to the Industrial court and fight on unfair dismissal .

Do you guys think i have a case to fight?

Thanks all

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Hiya nexia.

Welcome to CAG

I am going to move your thread over to the employment forum. You will get the help and advice you need in there.

Good luck.

Originally Posted by sea-sidelady

Hiya nexia.

Welcome to CAG

I am going to move your thread over to the employment forum. You will get the help and advice you need in there.

Good luck.

Thanks and sorry for posting in the wrong place

any one? please help needed:idea:

1year 2 weeks

Oy yeah you bet his financially sound (he just baught a $ 750,000 flat seafront and has a couple moro buildings flat and villa so no problem there )

Originally Posted by nexia201

And he wrote Dismissed as reason of termination so I couldnt even register and get money! The social security told me to write a legal letter to the Industrial court and fight on unfair dismissal .

You can appeal this decision separately from claiming unfair dismissal; you only need to show that you were not dismissed for misconduct.

Originally Posted by borisbeaver

You'd better remove your personal information from your last posting.

I did i only left irrelevan info.

and here is what he told me tonight:

first this:

Kindly note that my first choice of selection for reason for termination still stands as "dismissed on disciplinary grounds," The other best option from the drop down list was "resigned" which obviously is not the case. I will write down "redundant" only to accomodate your wishes as this is not the case and this is not the correct reason as I will be employing someone else in future. So I will re-submit the termination form hopefully for the last time and please stop bothering me any further as you have ****ed me off enough already


Then after he sent me this:



Furthermore to my previous mail kindly note that I will change the termination form reason to "redundant" only if I have a written and signed declaration by your self stating that you will not initiate any proceedings before the Industrial Tribunal within a period of one year if I had to re-engage another employee for the post formerly occupied by yourself . That the term "redundant" is only being used to accomodate yourself and on your insistence and that you will forfeit any legal obligation to the dismissal without any further recourse to any form of contestation.

If I do not receive this declaration I will stand by my first reason of termination



And I answered him like this:

If you change the termination to 'redundant' I wouldn't have any grounds then on what to go to the Industrial Tribunal cos it wouldn't be an unfair dismissal. I will make the paper that I will not take any legal action against you . But I'm not writing that it is to accommodate me cos as that one told me I couldn't be stopped from work while there was a sick certificate issued (He also told me that I should have taken injury on duty as i hurt at work and that could go up to a year! But i only took sick ! And what are the disciplinary actions that you dismissed me for? That I'm useless for you now that i have my back injury?!. So the reason would actually accommodate both! Then if you want to go to the Industrial Tribunal its up to you if you want to stand by your first reason.

This is getting a bit confusing but my thoughts are as follows:

- What the employer tells the DWP regarding your benefits claim is not final and binding. You can still argue that you were dismissed for a different reason than claimed, and if you appeal a tribunal will look at all the evidence.

- Lack of capability to do the job isn't redundancy or misconduct. If the DWP's form doesn't include the option your employer should explain this to them, and should complain that their form is misleading.

- From what you have said the only potentially fair reason is capability. However if he did not follow the proper procedure the dismissal is automatically unfair. If he claims it is redundancy or misconduct it is still automatically unfair.

Thank you all for the help and yes i will be getting a solicitor cos i think its better , I will post what reply he will give me today.

Goldlady makes a good point about income support: if you are sick then you don't need to claim jobseeker's allowance as you don't have to be available for work, and no benefit other than JSA can be sanctioned.