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Everything posted by fwog

  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'
  15. Im going through an issue with work. Im finding the union is a little laid back. Nothing too major yet, but they're very reticent regarding action. Im a little worried they might be weak in the face of my Tribunal (They're the same ones who work with employees of a company which rhymes with 'Besco') I've been so worried ,I've approached a private company who do work on a 'fixed fee' basis. I can afford to go down the fixed fee route. I want to make sure my ex-employer really isn't left off the hook. Would anyone recommend a best route? Its the first time I've ever done this in 25 years of work. Im not asking for definitives, but in the face of an ineffectual union ,but with unlimited access to legal cover, or go for a fixed fee from a firm which I'll be the main focus ie. they'll be working directly for me. Are union legal cover as effective as paid private action?
  16. I explained at my meeting 'pre-dismissal' that I'd like to stay within the company as the pension company has a deal where if you have to move jobs, they'd make up the difference on wage if it was a lower rate. I asked to be moved to two jobs, which we all agreed seemed within the remit of Occupational Healths requirements ,but once again they swung in and said 'no'. So basically dismissed on medical grounds. The union guy said I '...should be happy I've had so much time off' To which I said '..if they'd said there would be no hope of a return twelve months ago, I could have made better provision for my further,rather than being medically dismissed at the point of return' I also have the 'medically dismissed' black mark against me for future employ. This will definitely impede my chances of getting a decent job. Also, why would the pension company make provision for me over such a length of time if the company had no intention of redeploying/re-employing me? I've lodged an appeal ,which will be heard in a weeks time. We both think (me and the union guy) that they've not given me a fair crack of the whip at my old role. Even though the consultant has written to my employer basically saying there's nothing wrong with me. I kind of feel as though all trust has been broken between me and the employer. They basically feel as the role will be too demanding for my knee. Which is odd ,as they have guys 20 years my senior doing the same role with dodgy knees. So much so,they provided knee guards for when they have to bend down. Thanks for the link, I've read it with gusto!
  17. So, can an employer dismiss you on medical grounds on 'perceived disability' one which doesnt exit outside of the Occupational Health nurses mind? Theres wear and tear in my knee, but nothing more than age and the deterioration has ceased between two MRI scans 18 months apart. Can I argue that if that is the case, it leads my ex-employer to require vetting of all new employees ,which in its self is illegal on disability grounds?
  18. Yes they asked and I said 'no' due to the fact I thought proceedings were still informal. I didn't know we could adjourn till after the meeting
  19. Had medical termination letter through today. Nice present for Xmas. Great how they only gave me 24 hours to prepare for 'final meeting' ie. had not time to arrange representation . The union rep was off shift and the guy who worked for the union 'doesn't get involved till the appeal stage'
  20. Hi All, Well, it ended up in a 'Compromise agreement' Not a great one ,as they were just going to pay my notice and get a cast iron guarantee that I'd not make any claim against the group. I considered this to be a bit of a pee take as I feel as though I've been treated awfully. So I said Im going for medical discharge with a view to appealing immediately and stating my case. I pointed out that you cannot apply the restrictions they've suggested to any job role, therefore making my position impossible.Its all gone quiet from their end.... Will see what happens
  21. I didn't know you could request that. Im still waiting for my union rep to get back in touch. I don't wish cancer or major surgery on anyone, but I'd like to see how this would pan out with a member of management... Thanks for the reply, it is appreciated
  22. Well ,just had a letter to attend a meeting with a view to termination of contract tomorrow.
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