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Everything posted by jodyperry

  1. I have been trying to sort some issues with my son and college. He's 17 and severely physically disabled. The difficulty I've found, other than ignorance is the cross overs in laws with it being a post 16 institution, which I don't fully understand. It's would seem to me tho that if either you followed their sick procedure or if you were prevented from following the proceedure due to your disability ( you can hardly phone to tell them during a seizure and from what I understand , following a seizure can take days to function 100% again) and they removed you from your course soley down to that absence, then it would amount to discrimination arising from a disability. Do you have anything stating that supplying this doctor notes is a condition of accepting you onto the course? I would imagine this is indirect discrimination although as you were taken back they have done what they can to prevent the discrimination. The 100% attendance I'd say is discrimination in any circumstance. If you are the only student that that applies to I think it would amount to direct discrimination. Even if it applies to all students you are still at a greater disadvantage due to your disability so would be indirect discrimination. With regard to being off college - how long were you off, were u supplied with work? Were you able to go to college (not classes) or stay at home? You should clarify anything I've put as its just info I've come across as a concerned/angry mum but hope you get on ok. I think the fact that your willing to stand up to such discrimination is great.
  2. Sorry weve gone a bit quiet there's been a lot to take in. We are now both a bit confused. Oh got his paperwork back from the SAR he sent which as we thought provided a completely different email sent the day in question. The one presented at the DP was completely fabricated. Where it gets a bit confusing, is that on Tuesday he had a call to say his appeal meeting (due this week) was being cancelled and he is simply reinstated. He got a letter confirming yesterday. No sorry for making the last 8/9 months a nightmare just technically we can't dismiss you but still kind of think u were wrong. What worries me is that he never got the chance for a hearing so he doesn't need to present this and it doesn't need to be investigated ? Hope that makes sense. We are waiting to hear back from the solicitor
  3. Lol don't worry I really didn't think u was being an ass and ur right appeals will ask that so best to be prepared x
  4. Simply because of morals. He has been on and off depression tablets for the last 2 years but at the moment he's in a low like I've not seen him before. Don't forget this manager has, for the last two years treated him like he's useless, slow, incapable of his job, compared him to men half his age and pretty much broken him. Whereas it's not that desirable to go back into that environment I think he actually believes it a lot of the time. It's a case of if they don't want him, who the hell else would. I obviously don't agree and neither do I agree that goung back will be good for him. Besides the fact that he would have a target in his back. However at the min all he sees is somebody else supporting his family hence his morals clouding his judgement.
  5. Yea I figured that he could rely on the last act as it what they have detailed in the reasoning is the very thing he's been saying is discriminating all along ( we have a disabled son who he has to be home for so can't do overtime , just contract hours) , have 2 letters that state it was passed to the guy who did the actual dismissing to follow up. Should He leave the discrimination & victimisation out at this stage then ? Hes waiting on the solicitor to assess the case so should hear tomorrow or day after I'm just hoping if he does win an appeal they do actually re instate him as I'm told they don't have to :/
  6. If I miss those bits out and loses his appeal will they still be relevant at tribunal ? Also thanks for the advice
  7. The grounds are for disability dicrimination which he has put in three grievances about since 2013 which have never been investigated. The victimisation is because they have been gunning for him since about 6 days after the first was sent x
  8. I'm not annoyed with him no lol. He had told them his last day was 30th jan so by once again mucking up the proceedure and amending his last day his work have made it look like that way , but he has informed them now anyhow. I wonder if anyone could read through hubbys appeal? We've tried to include as much as possible without going into the ins and outs but like I said I'm worried hes going to not put something in that he needs to x Dear Sir/Madam Re: Appeal Against Dismissal I refer to your undated letter received on 9/2/2015 informing me that I have been dismissed from my employment of the grounds of gross misconduct. I am writing within the timeframe allowed to me in Companys conduct code to confirm that I wish to appeal the decision to dismiss me on the following grounds:- 1. Failure to follow minimal disciplinary AND dismissal procedures and Acas’ Code of Practice. 2. Failure to follow Companies own policies and procedures. 3. Failure to carry out a full and fair impartial investigation. 4. Failure to conclude various grievances raised both before and during the disciplinary procedure. 5. Failure to consider a previous 16 year clear conduct record. 6. Failure to afford me the right not to be discriminated against. 7. Failure to afford me the right not to be victimised. Had the correct procedure been carried out and a thorough investigation undertaken, I believe not only would I not of been dismissed but it would have been found that I have been a victim of continued discrimination and victimisation. Furthermore, being as Manager has now been demoted to a role unauthorised to carry out dismissals, I believe that not only do I question his capabilities in carrying out these duties, but it seems Company themselves also question his capabilities within this role. I look forward to hearing from you within the next 14 days. I am willing to attend an appeal hearing.
  9. He's recieved an email today saying that the letter is still at the main sorting office apologises for this and says they have adjusted his dismissal date to tomorrow. ( even tho the guy has now been demoted to a position which is not authorised to dismiss) . It also now looks like my husband has now lied to the job centre! In his rationale he contradicts himself so many times and even refers to the email date being disputed and that he has now supplied one with a date. This date is actually the day after the event and reads as if it was sent the same day. In fact the things the manager is asking in the email would not of been in question unless it was sent the date of the incident ( hope that makes sense) . He has also included an employee leaflet with the proceedure stating he should not of been suspended until after an investigation. It also says that if 'such incident' arises it should be recorded in writing. This has never been seen. The proceedure does state 3 days for appeal. Any advice writing it? I don't want to miss vital info and then not have them investigated at appeal, but at the same time I don't want to give then all the info I'm relying on as it seems they just magically produce documents like the email.
  10. Just to update, oh was dismissed last week. They admitted that the "one act" was disregarded somewhat as "it was clear he was genuinely sick" . This "one act" was the reason he was originally suspended for. The main reason for dismissal was the "act" that was added on just after his fact finding interview the week before the disciplinary hearing. He was invited to a face to face discussion to be told the decision which I find odd as I've spoken to at least 5/6 other ex employees and it was always done by letter. I'm convinced it was just an attempt to get him to lose his temper. He wasn't told if his dismissal was instant or with notice. The union rep said it will be instant, but I don't see why he should just assume. He said he will send his rationale and he would get it by Monday. He still hasn't had anything and it was apparently sent the day of dismissal. Convenient really seeing as he only has 3 days to appeal yet EVERY other letter was sent recorded delivery. I can't believe they have taken his livelihood and they are still trying to screw him. I just don't think they will be happy till he's hanging from the rafters! We knew what the outcome was going to be, yet I don't think it has lessened the blow. He's given them he's loyalty in the job for 17 years, has a squeaky clean conduct record and its amounted to nothing. Oh has not coped very well and has reverted back to square one . In fact more depressed than before I think, and I'm back to clock watching whenever he leaves the house. He was stopped by someone today who asked how work was and it dawned on me that he hasn't actually told anyone. He will speak to people about it but seems ashamed to say he's not got a job . He's devastated and I'm devastated for him, and I don't think either of us had expected that feeling. I'm so worried at the thought of him now having to go through it at tribunal :/
  11. Well that was a waste of time. They have sent the grievance back stating it is not appropriate to deal with the grievance as the proceedure cannot be used as an alternative or in addition to the diciplinary process which has its own built in appeals. As its directly related to an ongoing conduct investigation he should raise his concerns during this proceedure! Firstly he has constantly complained, but the investigator has told him and documented in his own minutes that as he had been suspended 2 days before raising an initial grivance , they will not deal with it. The grievance was about the ongoing discrimination and victimisation at the hands of the investigator, surely they should right this to enable a fair investigation? Also the only part of the proceedure left is the appeal, so they are already concluding that this is where his complaint should be raised so is going to be dismissed. Which I would imagine they have to tell him! It says if however, he feels he is being bullied or harassed he can complain with the appropriate form . His complaint about b & h has gone in twice and not been upheld. He is complaining that the whole investigation and accusations are the result of his previous discrimination and victimisation and that the last B&H h investigation was used as an informal way to get information about the day in question, in a bid to manufacture a reason for dismissal. I am seething, I cannot believe the lengths this company will go to!
  12. wuick question. Hubby has just been told by a colleauge that there is a meeting set up for Wednesday to go through the notes. He hasn't been informed of this officially yet so presume that they are not intending to give 48 hours notice. My question is the hearing was not adjourned it ended by the manager saying we were done and refusing to shake oh hand ( with the hump). Would this meeting be part of the formal proceedure? Just so happens that it comes just after my grievance for a flawed investigation has been returned to me as sent to the wrong department.
  13. I have drafted a grievance about the way oh case has been investigated to go off today. The only problem is I think it's a bit jumbled and am not sure it's clear what the complaint is. I wonder if someone could give an opinion?
  14. Are there any templates available? Obviously I know the content will be very different for each case but is there a certain way I have to write it? I don't want them being able to pick out a some technicality x
  15. Is the two weeks for Christmas a general thing regardless of what days the company operate? Also I think I would be wise to start an appeal letter just in case? The 2 day time constraints they have given in the past have proved really difficult, being a mum to 5 boys is hard enough but the oldest (who is disabled) litterally can mean constant care, and that's before I even get to work lol. I would be really appreciative of any advice regarding this x
  16. Just a quick update / question. Oh disciplinary hearing was on 22nd and as yet we still haven't had a decision. I would say this is unreasonable but who says what is reasonable?
  17. Thank you I have a feeling that things are going to get a bit more stressful yet but I think just not being in limbo is going to be such a relief. Whatever happens I'll keep updating and am so grateful for all the support I've had from you guys x
  18. The solicitors wernt back till Monday but spoke to a paralegal and she seemed to think it's quite clearly discrimination, although it was quite brief. The notes are completely different as is the email which now has a date ( albeit the wrong date as its the day after the event ) it also has another paragraph added to the end of the email, so just have to de stress for the weekend I think x
  19. Well oh just about to phone solicitor. Has just got the notes which, if it wasn't for the fact that our livelihoods are at stake would be absolutely laughable. The bloke should really of gone into fiction writing as a career! Grrrrrr I am sooo angry I've never seen such blatent victimisation in my life!
  20. Well still no notes. I can't imagine what is taking so long for notes but I guess they may be slightly different from oh notes x
  21. The union have really tried to put us off using even their legal line in fact scared us to a certain extent and implied that it wouldn't sit well if what he wanted is to return to work. In hind site maybe that's what we should of done when it was first suggested on here. Hind site seems to be a recurring theme with me
  22. Just to put everyone's mind at rest I do understand that the advice and opinions given to me are taken the opinions of that person and that its down to me whether to use that advice to look into certain aspects and decide how they may or may not be relevant. dont want to cause any worry or anything. I havnt checked the thread for a few days as ( as well as christmas) I have been loving spending time with my 'old' husband. I do attribute the majority of that to be down to advice I have had on here and can't thank you all enough. My oh works for a massive company and I have been aware from the get go that if they decide to 'play dirty' they will probably win, which is perhaps why I was so elated with 'my win' of getting my husband back, although I must admit even I didn't know that that's what I was fighting for. I'm not sure there's many ways to go from here to be honest were at a bit of a standstill. The notes from the meeting have still not been supplied so who knows what crap is going to be in them. I personally can't see that they have any grounds to dismiss and have certainly not followed any proceedure but suspect they will. What I do know is that no body looking at the case outside of the company could possibly say they have acted fairly but in the past I know people have been advised that acas simply don't have the resources to fight the company should they dismiss and push us to tribunal. Maybe they will see this and not dismiss I don't know but he would be going back to work with a target on his back which is a shame because if they listened they would realise that that's all he wants to do. All I can say for now is I dont know , I really don't know
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