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fwog last won the day on October 28 2015

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  1. Just for people who need some hope. They settled out of court,prior to trial, satisfactorily. Keep the faith.
  2. Well, I continued and they made an offer , which was refused. Its still to go to trial, early next year, but Im getting help and hopefully, it will resolve sooner rather than later.
  3. Thanks Pusillanimous. It 'times out' in a week. Im just going to have to leave it there.
  4. Hi Pusillanimous, I've looked into it, I have an expert witness who is very willing to give his expert opinion (he stated their assessment was 'absolute rubbish' ) I just cant afford to do it. I've got a quote of £3k for the whole thing, plus ,if I lose, they can claim cost from me. Bit crest fallen
  5. I was discharged from the pension companies pay scheme, they were happy to let me go back to work. I had a 'Fit To Work' note from my GP, he examined me and was happy to let me go back to work. I had a letter from the consultant surgeon stating he'd put 'no restrictions ' on my return to work ......so this is just to underline the point at the tribunal.
  6. Im seeing the knee surgeon tomorrow for a follow up. I can ask him to write a contrary letter challenging the decision for tribunal purposes. I was sacked on the grounds of 'capability' ,the OH report set ridiculous parameters which couldnt be for filled in any role. Thus, they had recourse to sack me. My knee has healed, the osteopath said he'd put 'no restrictions ' on my return to work .The employer has just used the knee repair to get rid of me. I'll explore more avenues tomorrow once I've had a chat with osteo. I have till 30/4/15 to file, so trying to garner as much supporting info as I can. I've explored many 'case file law' suits and it seems I do have a case. The union only work on a 70% chance of success ,so it might be worth me filing myself, its only £160.
  7. Well, after consulting a few 'free' lawyers. They said I do not have a case. They admit, I've been treated incredibly shoddily, but they've covered themselves with the process. I cannot challenge the OH's assessment of the situation ass that's not part of the process. I did say 'she could say I have to walk around wit ha ball on my head and that wouldn't be challenged?' To which it was a 'medical professionals' opinion. I pointed out the contrary evidence from the consultant, the 2 MRI's 18 months apart showing no deterioration, the doctors note and the pension company being happy for me return. This means nothing as its their 'opinion' is based on the jobs role Ive lost a well paid job, I have a marker on my CV saying 'medically discharged' and there's nothing wrong with me . It stinks. Nearly six years down the drain .
  8. Thanks Pusillanimous I know not to take the advice 'verbatim' ,its just throwing me a pointer in the right direction. I said to the guy at ACAS that its a lots of very nuanced information I'd be forgetting in six months time when this is all over Finding an initial starting point is a fine art. Your help is greatly appreciated and I'd never be daft enough to think that it was nay more than a little help from some kind soul. I'll begin my journey
  9. Thanks Pusillanimous ! I have the forms from ACAS, but as for advice, Im short on that as the lawyers generally want £200 per hour, so at this time I don't want to go 'full steam'. Im aware of the time line, it comes to an end 30/3/15, as all to do. I think I get a month added when ACAS get involved. Im not sure about what to settle for? Is it time lost and wages (£35k+) or just time after my sick pay ran out or a complete 'loss of earnings and defamation' for giving me a medical discharge with little evidence.
  10. Well canned with medical dismissal and the union suggested I pursue a tribunal. I sent of the legal-pack noting all the details, emails, poorly constructed rebuttals from OH, even the fact you cannot have a role where you're sat down for 75% of the shift and not lift 5Kg. All to no avail, the unions legal team basically quoted the OH stuff saying 'protecting the business' and 'its operational demands which will take a toll on my knee'. So Im basically left with no job, a 'medically dismissed' reference and no recourse to pursue How do they accommodate the people already employed with bad knees? Is everyone who has time off destined for the sack? Im now at a loss as for what to do?
  11. We floated that on the table and got a 'you can forget that' reply. I've lost a well paid job here. All the medical evidence points to the contrary of what the employer is saying. I feel as though they should put a zero on the figure to commensurate for what Im actually losing here. I've done nothing wrong, I've complied with all requests from my employer, (medical disclosure, attending meetings when requested ,being generally very open) and Im now looking at getting punted in to the long grass due to a normal medical procedure ,which I came out of with no ill effects. It leaves a real bitter taste in my mouth when I think about it
  12. Thanks Pusillanimous! I'm in her middle of an appeal now. They've stuck by their guns and glossed over the points above. It's adjourned til next week as the union guy blew holes in their OH assessment . So hopefully it won't time out. It looks as though getting my job back is a pipe dream they're looking at a settlement agreement. Roughly three months pay as I've had a lot of time paid for when off (even thought that wasnt through the kinder ness of my employer,rather it was out of my own pocket via the pension company) so the union guy said
  13. Thanks again phaitun! sage advice indeed. This is exactly what I'd suspected...and sort of thought the union guy would be jumping all over company for breaching rules, but he seems quite relaxed on the matter. He doesn't work for my company ,he works directly for the union (not sure if I used 'rep' in right term?) which is why Im a bit concerned at 'laissez faire' attitude to proceedings. I have job specs off the works intranet (still have access) and there are guys the HR guy they openly admitted had knee problems doing the job already:( Also ,many of the drivers are approaching retirement, so I'd assume I'd have better health ? (not wanting to sound ageist, but trying to underline case)
  14. Cant call legal plus as it has to go through the rep first. Or he'd say 'why did you do that? I was dealing with it'
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