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  1. Recently, DWP paid me 7,000.00 backdated payments for sickness / ESA claims as a result of numerous complaints made about 3 work capability assessments, each of which having a medical report made by a nurse which omitted information. 2 of the work capability assessments were recorded. The oral recordings of the assessment differed from the medical notes made by the nurse, this has been shown on 2 occasions when comparing the oral recording with that of the medical report. Pointing this out to DWP - I was ignored for several years, complaints being answered but nothing being done in respect of the complaints. To have a 7 thousand pound payment years after may seem great - reality is that it is all used to pay debts to family who supported me during the time DWP refused to. My data request is for a copy of a report made by a Dr. [redacted] who conducted both investigations into my last 2 work capability assessments. This doctor could not find anything wrong with either of my work capability assessments between that of the actual recording and that of the written medical report. Whereas, other medical professionals have noted several elements whereby the assessments are unfit for purpose. DWP refused to give me this data surrounding the doctor's investigation previously despite my many reminders. Again, in my latest assessment, DWP are refusing to give me this data. The data request was late (it needed reminding). Not only was it late, it did not contain any of the information I had asked for. I had asked for specific information surrounding the 2 investigations made by Dr. [redacted], this should have been 10 pages at the very most. What resulted was at least 3,000 pages (some duplicates) of the entirety of my comlpaints with DWP... In addition to someone elses name and national insurance number (totally unrelated to me) in amongst the data. I wish for specific data surrounding the doctor's investigation. I have an N1 court claim form - are there any templates I can use to make a claim under GDPR forcing DWP to comply with my request? --- The request is for data to aid in other complaints and essentially show that the assessment is unfit for purpose and even when complaining about it, a Doctor answers complaint saying everything is fine - when it is not.
  2. Hi, Just a couple of questions regarding capability hearings, as currently employer has implemented a stage 1 meeting. 1, They have to give two working days notice, when does it start? For example, I receive a letter on Saturday which was dated on the Friday for a meeting on Tuesday, is that right, if 2 working days surely the meeting would be Wednesday at the earliest or is it not full working days? 2, If signed off during week where meeting is can employer demand you attend the meeting? Thanks.
  3. Hi. As some of you may know, I'm having problems with my employer. Their latest "trick" was to call for a capability meeting (I have a "protected characteristic) So far, ok. I have no problem with that... We (Union Rep and I) went through. We discussed it, we all agreed on a slight amendment to my work. Basically, they agreed to curtail the amount I drive. The agreement was three days a week, I would be limited to under 200 mile, and I would agree that the other two days, I could do over that amount, but not over 300. The people there were: Head of HR. My Line Manager. My Union Rep. Recorder. Myself. Everyone seemed happy. About two weeks later, I got an invite to a "follow up" meeting to discuss it. As it was a "follow up meeting" I thought it was just as well to go alone, as the trip is 250 miles, and it didn't seem worth dragging a Union guy along. As soon as they found out I was alone, they delayed the start of the meeting for 40 minutes. When it finally started, the HR person excused herself, and was replaced by another manager. So, at this meeting, there was: Manager No1. Manager No2. Myself. Note taker. Then, basically, they laid into me nonstop, slagging off. I would also say that most of what they said was complete bull****. "Figures and data" pulled from thin air, etc. Finally, they told me that my hours were to be cut from 40 hours to 15. They followed this up with a letter than made even more ridiculous accusations, None of which were either true, and furthermore, they couldn't actually quote any reference or back up with any form of details of specific instances. They reiterated the cut from 40 to 15 hours... What I'm asking is, was the 2nd "follow up" meeting even legit? We had the first Formal "Capability meeting", we came to an agreement - then the invite to a "follow up" meeting arrived (And I quote) "Please attend a follow up meeting on Friday 1st June 2018 xxxxxxxxxxxxxxx During this meeting we will discuss the adjustments that you have requested and what measures we can put in place to support your request." Obviously, they didn't discuss the details from the first meeting, simply ran riot and called it a Capability meeting. Any thoughts?
  4. Hello and thank your reading, I unfortunately suffer from the following which I take medication for: Spinal Injury - Long term disability affecting movement, loss of feeling in legs and feet Chronic Pain due to spinal injury and herniated discs Depression ADHD I missed my Work Capability Assessment as I had an infection, I called the centre prior to the appointment to tell them and I also visited the GP and obtained medication.I was told that I would receive a letter from the DWP asking why I missed the appointment. I subsequently received the form, I completed the form complete with an appointment card and the medication container which listed the date on which I obtained the medication, at no point was I asked to explain my disability/illness or the reason as to why I had been in receipt of "not fit for work" note from the GP and have been since Sept 2016. A couple of weeks later I received a "Decision maker has decided your capable of work" The questions I am asking are: 1.How can this have been made when there has been no formal assessment completed or any forms filled out by myself to explain the conditions and difficulties I face on a day to day basis? 2.I have note received any explanation as to why this decision was made, so I want to appeal, whats the best way to do this? 3.I have no benefits in the meantime, I am in a lot of debt and am behind in my rent, which means that I may lose my home due to this decision, what can I do? Many thanks in advance for the advice, it is really appreciated
  5. Hi, I'm in a very complex situation and I am loosing my mind and health over this. I was wondering if anyone can assist me, greatly appreciated. Around this time last year I was asked to submit a medical form for WCA, which followed by a face-to-face assessment. My WCA for ESA scored zero points and I submitted my case to Tribunal for review. I believe I meet 4 descriptors for the Support Group. I am currently waiting for a hearing date. The medical WCA assessment outcome in 2016 recommended Work Related Activity for 12 months indicating that I could be ready for work (possibly downgraded to Job Seekers Allowance) after 12 months. As a result of Work Related Activity I ended up in A&E on 4 occasions with a severely excessive heart rate where I was kept in hospital and wired up to a drip. I complaint about this to CHDA who carried out my assessment, they responded stating that I could have gone to the A&E anyway and that it has nothing to do with their assessment, or something to that effect. I have bladder problems and I had to attend a Jobcentre that does not allow toilet use for customers. I have heart problems and I have to attend a service provider in a severely stuffy unaired environment (even the adviser complained about having to use an asthma breathing device there), and that made me very ill. I often feel that my endurance is being tested by physical and psychological torture and I can either make it less painful and quicker for myself by taking own life or prolong the pain but in the end get the same result as the DWP will drive me to an eventual death. While I am still waiting for the Tribunal outcome for ESA medical assessment 2016, I have now been asked to submit a form for medical assessment 2017. I returned the form not to lose my benefits. They sent me a letter for a face-to-face assessment. I believe during this assessment I will be downgraded to the Jobseekers as they will deem me totally fit (as per their recommendation that I will be fit in 12 months). CHDA picked on my doctor letters, ignored the evidence, and handled the formal complaint from me unfairly - that's how I feel. DWP ignored formal complaints from me, made intimidating calls to me, took 4 months to respond to my Mandatory Reconsideration - responded only after I got my MP involved, even then they lied to my MP writing to her that I was happy with the outcome and my MP closed the case. There is absolutely no way in hell this WCA will be a fair one or humane one. It's a conveyor belt to pass you from one torture room to the next, there is nothing more to it. My question to you is, do I have to attend another work capability assessment while I am still waiting for hearing date with the Tribunal? If so, what happens if I need to submit another claim to the tribunal? Will I be able to run two separate claims with the Tribunal on ESA benefits? Thank you in advance for helping me with this madness.
  6. My wife lost her job over 3and a half years ago, after having a nervous breakdown. She now suffers from depression, has anxiety attacks and has agoraphobia. she has been suicidal and has other health problems. When she lost her job, she was assessed (by a woman who could hardly speak a word of English, at Five Ways House in Birmingham) and had Contribution based ESA for almost 12 months. As a consequence of her poor assessment, she wasn't put in any group. Since her contribution based ESA has ended, she receives nothing in the way of benefits, as she isn't entitled, as she doesn't sign on. The ESA pays her "Stamp". Now they are saying that she has to attend another assessment meeting, so that they can continue to pay her "Stamp". I have contacted Maximus and the benefits agency and I have explained how stressful this is for her,in several phone calls, and have asked for a home assessment, but they won't give her one, unless I pay her GP for a letter stating that she needs a "Home visit". Maximus are the "new" ATOS. They said that they had sent a form to my GP, which when they got it back, they said that my GP had said my wife was perfectly capable of attending the assessment. Something that my GP's practice secretary and legal secretary have denied. I requested a copy of this form from them and am still waiting. Now my wife has been sent a BF223(ESA) form for her to fill in, stating why she didn't attend etc, etc! I phoned again, and was told that unless I get a letter from my wifes GP, she will be sent a new appointment date, AND NO HOME VISIT! This is making her feel worse and that's the last thing she or I need at the moment. Why should I have to do this? Is there anything I can do, so my wife gets her home visit? All or any help will be greatly appreciated.
  7. Envelope dropped on the door mat this morning, to which my boy retrieved it... oh not another bill but upon opening it to find what is was....Capability For Work Questionnaire... Oh balls....thought it had been to quite and I'd not been asked to see anyone at the JC since August.....Somewhere in my mind I knew it was coming... and here we go again.... The last time 2013..I completed it myself, went for the Atos medical and was kindly informed I was fit for work....appealed it.... won it and then got the JC within weeks of winning my appeal to see what they can offer " How they can help me back to work " Well let me tell you.... no help..no one, no money in the pot for retraining... if you want it then get a loan..so from a support point of view those interviews are a pure waste of time So Ive rung the CAB and ask for them to help me fill this form in and lets see happens from there....
  8. I have a question on capability dismissal. I have recently received First warning on my performance. The ground for it is an assessment that I had a month ago. I had few objections on the assessment (the way the assessment was done, range of questions etc..). I have raised these issues on the formal meeting with my line manager and HR representative, but I still got First Warning. The formal letter I have received is mentioning my right to appeal to one of CEO. I do not think that it will make much sense to appeal as I believe this is happening with management approval. But I do not think that assessment was fair and I think I have enough evidences for this. My question is as following: if I will be dismissed and go for tribunal will it take into account that I appealed or haven't appealed on First Warning. Is it worth to appeal from this point of view? Many thanks. Emily
  9. :MAXIMUS: Who have two alternative names for their service; The Health Assessment Advisory Service, which is delivered by The Centre for Health and Disability Assessments. Have from today, 2 March 2015, become responsible for work capability assessments, which help to determine eligibility for employment and support allowance. Their Head Office Address for comments, complaints and queries about face to face assessments is; Customer Relations Team, Health Assessment Advisory Service, Room 4E04, Quarry House, Quarry Hill, Leeds, LS2 7UA. For telephone contact they've taken over the Atos helpdesk/helpline number of; 08002 888777 There's a new address for electronic mail; customer-relations@chdauk.co.uk And their website address for work capability assessments is; https://www.chdauk.co.uk/ Margaret.
  10. Hello, I'm after some advice. I have been absent from my place of work after an accident at work for nearly 18 months. The injury itself has been the reason why I have been off. I have at every stage sent my employers a copy of sick certificates so they are up to date with my current condition. However my immediate boss has sent a letter to me today stating that I have failed to keep in contact with them since July 2012 and they have had no certificates from me since October 2012 and they would like an update. This is untrue as I have sent a copy either the day my GP issued it or the day after. Each time I have emailed them a copy it has bounced back saying my email addy is blocked, so this is why I have also posted a copy - stupidly, not recorded delivery. In July of last year they mentioned that I may have to attend Occupational Health as they were looking to possibly dismiss me for capability. I asked them for a copy of the procedure to how it works along with a few other policy procedures that they had mentioned before. The policies they did send were just brief outlines and they said that's all there is. Up until today, I have not heard anything from anyone at my works since July 2012. I find it strange that they haven't tried to make contact before although when I have sent them emails, like today, it has just bounced back saying my email has been blocked. I called them and they won't speak to me. Very odd! I understand at some stage that I will be dismissed for my long term absence if I continue to be off, although I'm surprised it hasn't happened up to now. My injury is physical as well as mentally and although I made a request last July for reasonable amendments to be made, they just ignored me. Now I presume my employers have to follow a procedure to make the dismissal legal but should this procedure both be documented and should they have sent me a copy of it when I requested it last year. Also I understand that were I've been off and should they dismiss me that I am entitled to both paid notice and holiday accrued? I just find it really odd that they've blocked my emails and failed to contact me at all for so long. I have just printed off a letter to them stating that I have sent them the certificates and enclosing them but unsure to say anything else.
  11. Hello all. i started my claim for ESA at the middle of May 2014 and have still not yet had my WCA. I have just today received a letter from my local jobcentre(below) stating that i have a work focused interview in a few weeks time. As i said, i have not yet even been for my ESA medical, kinda feels weird that they would be discussing going back to work before they have even examined me? Do i actually need to go to this? i note its not signed by anyone nor is there mention of benefit sanction if i fail to attend. The reason for me being on ESA is through having to come out of work due to mobility issues following an accident lifting at work which resulted in spinal surgery and further minor ongoing surgerys and day cases. I dont travel as its best to keep it to just the neccesary as it always ends in pain and discomfort for days after trying to walk anywere, my nerve into left leg is constantly agravated and still suffer nerve compression due to scar tissue from the op. So, is this a case of them trying to give the impression this is compulsory or is it something that i have to do at this stage, without them even bothering to send me for examination yet. How can they think of work when they didnt do the examnation yet? to me it seems non logical.....or do i have my brain on upside down today? its possible im not understanding something as my meds can make my brain a bit of a happy factory at times Sorry my images are small, theres imgur pictures available. i.imgur.com/kgQCQRp.jpg i.imgur.com/Mi692ni.jpg
  12. Hi all. My partner is being made redundant soon. He has worked for the company for over 11 years & has been given the required 11 weeks notice. He suffers from rheumatoid arthritis & the company were aware of this when he was employed. As is the way with this disease, his condition has deteriorated over the years & he has had increasing, but thankfully, short periods of absence, as flare-ups have increased in frequency & intensity. The company have not been unreasonable about this & the company doctor has examined him on several occasions & confirms that he falls within the scope of the Equalities Act & is expected to have more absences than an average employee. This has not prevented action over the years though & he has been on a final written warning for some months now. He has had no absences for anything other than the arthritis for over a year, until 2 days this week with a severe cold/flu. His symptoms are always worse as one of the drugs he takes, compromises his immune system & means that he is more severely affected by relatively minor bugs. Now his manager tells him that as this is not an equalities covered absence, he is being referred for possible further action, which is potential dismissal. Couple of questions. Is it reasonable for the company to take action on just 1 non equalities related absence in over a year & can the company pursue a capability issue to dismissal with only 9 weeks of employment left? Even if they can, would it be wise? I just wonder how a tribunal might look upon this if it came to it. There is a fairly substantial redundancy payment in the balance here & with little likelihood of him holding down a full-time job as a new employee elsewhere, this money will be much needed. Any advice much appreciated.
  13. Hi, I am looking for some advice regarding a meeting I have been asked to attend by my "so called" employer. The meeting is for a Medical Capability Hearing. Some background. In December 2011, I was rushed from work to the local A&E with a suspected heart attack. As a result, I was advised to take things easy for a while and I was signed off work for a period of 3 months. During the time off my health continued to take a downward trend, and doctors were baffled by my symptoms. It took a few months but I was eventually diagnosed with Bladder Cancer. As you can imagine, this was earth shattering, but my employer seemed very supportive during this time. I should point out that I was employed by a call centre, and they only paid me sick pay for 28 weeks. After that I had to apply for Employment and Support Allowance. However, work still insisted on sick notes being sent to them. They then started a period of calling me into work for updates on my condition, usually every 6 weeks. The cancer was being treated until doctors decided they needed to operate. This was done in December 2012, and I now have an Urostomy Bag attached. Unfortunately this major change has also taken its toll on me, and I have been having problems accepting my new way of life. I am in no way ready to return to work and my wife is now my full time carer, as I need help showering, getting ready for bed etc. My work now want me to attend the medical capability hearing, and my question is why should I attend this. I have not been on their payroll in over 18 months and I know all they will do is terminate any chance of returning there to work. They keep saying that they have to monitor me even though I am not being paid by them. Can you be medically retired by this process and if so, what are the consequences to me regarding benefits etc. Anyway, sorry for the long post, but any advice would be greatly appreciated. Thanks
  14. Last Sept I was told by my supervisor that a client I worked with had made very damaging accusations against me. I was so distressed I took some leave and was told by docs (mine and theirs) that I suffered from depression. Now many months later I still have problems and take medications. During a grievance proceedure I discovered that there were extraordinary safeguards in place to protect staff. This was never mentioned to me, nor was I advised the client had a history of making off the wall accusations. I won the grievance (just a tecnicality), attended an Absence Management (we cannot bring you back to work until you are given a clean bill from the docs), and sent to visit other avenues of possible healing. Now they want another meeting and to discuss the possibilithy of a capability hearing. My sickpay is all used up, I am turning 68 soon and have a private pension. My question is what now? What are my options and how should I proceed. I still have anger, resentment and issues of trusting with the workplace. I would like some accountability on their part.
  15. I was wondering if I could get some help of anyone. 4 weeks ago out of the blue I was taken in the office and handed a letter to say the company wanted to Have a meeting with me about my performance and gave me a copy of the capability procedure. I am not in a union and was allowed a representative with me, I chose an ex boyfriend who worked at the Company, but was told at first he wasn't allowed to attend, at this point I had a breakdown and the dr signed Me of sick. I've been off work approx 4 weeks sick, the 1st meeting got cancelled due to my mental health, the second meeting even of sick I was asked to attend. These are the reasons for my capability and the meeting. 1) sending an inappropriate email to a intercompany which had to lead to a apology in may 2012 The actual email was in red capital letters and not offensive just asking them to attach the parts list with the goods, but the Red capital made it offensive, I written an apology. 2) during a stock take I didn't listen and basically used the info I wanted. Thus was nov 2012 There was a mess up and the supervisor sent the wrong info to the supplier To be counted, I have emails to prove this. 3) I didn't do my time booking. Feb 2013 I had to go home early due to my child being ill. 4) I put pressure on the stores by not picking parts I was asked to pick. Feb 2013 I am a material planner, picking parts really isn't my job but there was a problem with this A colleague had started it and I arranged for the rest, the kit wasnt complete so I spent 2 hours Overtime sorting it out and checking I had to ask stores for additional help with heavy items that Required a pump truck. I went to the meeting and highlighted my thoughts to be told I was being dismissed because They really couldn't micro manage me. I have had 2 appraisals since working there and the only matter they brought up was I don't always listen. I was not told at any point so was in complete shock. I have worked for them less than a year. Over the last 11 months I have been subject to bullying and sexual harassment by my immediate supervisor, When I started dating a guy from the company he changed and this is why I think this has happened. Sexual harassment bullying incidents 1) At first he used to call me Sharon stone saying I didn't wear nickers, I have an email saying hi shaz, my name is Nothing like that. 2) he used to always try and stroke my legs and my neck I used to flinch and pull away (no evidence to proof this) 3) he sent numerous text messages to my personal mobile phone which I have including:- - "did you sleep with student" - he wasn't very well so I told him he should go bed his reply " thought you would never ask" - I wasn't very well he asked me to send a pic, his reply was you look pretty bad but I would still Give you one. That was prior to my relationship with my colleague. 4) one morning he asked if it was a coincidence that me and my colleague clicked in 2 mins apart 5) he was constantly bullying me about my hours, I am a single mom and wanted me to do overtime, This overtime affected my tax credits, I did do some. I spoke to HR to clarify the hours procedure. 6) he asked one day why mine and my colleagues clock ins were 10 mins apart when we have lunch together, He came back went for a cigarette, I don't smoke. 7) he sent an email saying my colleague had managed to do something he hadn't Got me up. 8) he spoke to my colleagues manager regarding our relationship. And said it was a good job I didn't work Directly with him. I feel all this has come about due to this, and he was jealous of my relationship, I plan to appeal the dismissal, Based in the info I have supplied could I take this to a tribunal based on unfair dismissal sexual orientation ? Any help would be great fully received and thanks for taking the time to read this. I was employed by the company 22/5/2012 and dismissed 10/05/2013 I have till Friday this week to appeal.
  16. hi just recevied my limited capability for work questionaire form,can anyone tell me when i fill form in and send it back ,how long it takes for atos to get in touch with me for my dreaded medical
  17. Hi Guys, First time poster on here, but have been reading the boards for a while. Wondering if anyone can advise which way to go with this: *Employed more than 12yrs by current employer *Had accident at work 13 months ago (employer admitted liability, PI claim in hand) *Unable to work full time since *Paid for all Injury Assessments myself (Employer refused) *Harassed to see the reports (i was happy to if they covered the cost to me) *Told in a meeting in Nov'12 I would be dismissed if I 'didn't get myself right' and would receive a letter the next day ( I had no idea what the meeting was to be about) *Took 5 wks of me asking, to actually receive the letter (which was different to what was mentioned in meeting) *Verbally dismissed 3rd wk in Dec (I asked for this to be confirmed in writing,still waiting!) *Have started me training in another role,less money,to run concurrent with notice period, then 3 months in that position but only as sickness cover, then 'who knows' I'm aware I may have one or two grounds for unfair dismissal. Would appreciate some advice from you guys. Also would a tribunal only hear one claim, or if there are several grounds would they be heard in the same case? Cheers
  18. I am looking for some advice please, as well as any information on similar experiences. I have read through as many of the relevant threads during the last 4 days as I could find and would now request some help for my own case. On 21st January 2013 I was dismissed from the place I have worked at for over 8 years. I am yet to receive the paperwork so I cannot be 100% accurate on the terminology yet but the manager stated that I was being dismissed as he "wasn't convinced that I could provide regular and effective service in the future." A little history.... I had been off sick from 24th October 2012. I had been told by my doctor that I should not drive. I had medical certificates for my entire absence. I saw the Atos doctor in early December, as arranged by my employer, who stated that I was not fit for duty but he could see no reason why I would not make a full recovery with no future ill effects from this illness. At the beginning of January I felt well enough to return to work on full duties and informed my employer on 3rd January that I would be able to return to work the following day which was when my sick note ran out anyway. The following day I returned to work to be told that I could not return from sick leave until the Atos doctor had stated that I was fit to return and so I was to remain on sick leave and a referral would be made. Later that day I was invited to attend a capability hearing on 21st January. When the hearing took place to discuss "my current fitness for work, whether I would be able to return to full duties in the near future and whether there were any adjustments that could be made to support my return to work." the Atos referral had still not been made and so the manager used the previous report which stated that I was not fit for work. They also did not discuss any of those things and only really spoke about how bad my attendance had been. My sickness record has not been very good but a lot of my sickness has been due to pregnancy related illness which cannot be used in a disciplinary setting as far as I am aware. In the past 12 months I have had three periods of absence: 71 days for the last illness, 72 days for stress and 19 days for an ear infection. During the hearing, my manager stated that in the past 4 years I had taken in excess of 300 days of sick leave. Unfortunately, being very naive, I had gone into the hearing horrendously unprepared and therefore did not have my own copy of the figures to hand (I'm sorry CAGGERS, I kick myself for this now). Still, this seemed very high to me and I sought clarification (twice) that these figures were correct and did not include any pregnancy related illness. I was assured that this was the case. However, upon checking my notes I have found that in fact in the past 4 years I have only had 179 days of sick leave and that only 17 of these were from before 2012. Where he got his figures from I do not know. I really hope to God that they document these figures he gave in the minutes. My union rep does remember that the figure they gave was close to a quarter of the stated time period (365 days of 4 years approx.). At this point I do not really know what else to tell you. I would really love any advice on how to approach the appeal. I have written out all of my evidence and arguments (as best as I can) which I am happy to share but I do not know anything about the appeal process and whether it is appropriate to do a lot of talking and raise concerns. Can anyone help me? I promise that I am not looking for someone to do all the hard work for me, I've been sat here for days working on this, it's just that I have seen on here that there are so many knowledgable people who might be able to help me to fight against this poop decision! Any questions, feel free to ask. I know this post has been mega long and if you stuck with it, you have my sincere thanks. Oh and a few points I know you'll want to know.... 1) I am a member of the union. I was accompanied to my hearing. My rep does not seem too fussed in my case, I think that they are getting so little facility time and are so busy that it is a pain in the bum for them. 2) I have a full copy of the attendance procedures policy. 3) I wasn't on any form of warning regarding my sick. 4) I have started putting together my ET1 form as I know that work are going to drag their heels on this. They always do Please help, I'll be so thankful.
  19. I was dismissed from work last week, with my employer citing capability as the reason. I worked as a manager for the large, very well known company for 6 years. Until this spring/summer I had not had any absence or performance issues. However, a new general manager had arrived in October 2011 and had begun to make clear who they appreciated, and who they wanted out. This involved face to face meetings - no notes taken. I was told that my management style did not fit and that I would need to make big changes if I was to stay on the team. Soon after, I was advised formally that my performance would have to improve. Six weeks later I was given a written warning for poor performance. This process caused me stress, and I was signed off work with anxiety and depression. I was off work for seven weeks. In that time, I requested an OH referral. I was told initially that I could not have one until I returned to work. After 4 weeks, I was told that a referral would be completed. I returned to work after 7 weeks because the company told me they would cut off my CSP. The manager dealing with my case told me that she had not completed the OH referral, but would do so. After being back for 3 weeks, the OH referral was completed. On returning to work, I was told that if my performance did not improve, I would be given a final written warning. A month after returning, I lodged a grievance at how the OH referral had been handled. I believe that the managers involved were trying to avoid OH getting involved. The OH report advised that I had an underlying ill health condition and that reasonable adjustments should be put in place. Following the OH report, my manager advised me that "...I would be managed down a capability route instead of a poor performance route". Company policy states that "where the employee is unable to deliver their full roledue to an underlying ill health (UIH ) condition this should be managed via theUnderlying Ill Health policy and not performance." I was told that the company had no written capability policy, but that if my performance did not improve I would be dismissed for ill health capability. No timescales were discussed, but I was told that formal review meetings would be held every 4 weeks. In the invitation to the first meeting, the letter included the following phrase 'the company may be unable to accommodate your continuing poor performance; that your contract of employment may therefore be terminated". The main reasonable adjustments were (1) weekly one to ones with my manager to discuss my performance and my health; (2) support with training - attend a competencies workshop and complete various workbooks. In the 15 weeks, there were only 9 weekly meetings. I did not get to attend the workshop and was given no time at work to complete the workbooks. The most recent formal review meeting was last week. The invitation, like the other invites included the phrase "..the company may be unable to accommodate your continuing underperformancedue to capability; your contract of employment may therefore be terminated. Weare of course keen to work with you to avoid this situation and would like todiscuss this during the meeting." I did not know that my dismissal was an option at this point. I had discussed the meeting with my union rep - who was unable to attend - and was told to ask for an adjournment if things got too much. Halfway through the 7 hour meeting I asked for an adjournment so that the meeting could reconvene with my union rep in attendance, I was told that the meeting would continue either with or without me. I said that I could not continue with the meeting and was told later on that the decision was to dismiss me on the grounds that the reasonable adjustments had not improved my performance to a satisfactory standard. Do you think I have grounds for unfair dismissal. I have already lodged an appeal request and hope that the union will support my claim in an employment tribunal.
  20. Another DWP parrot gave no real answers, but Sheila Gilmore is still fighting our corner http://www.parliamentlive.tv/Main/Player.aspx?meetingId=11920&wfs=true
  21. So this has happened to a friend of mine. I haven't been at the company for a while now but I often catch up with him from time to time. Recently he hasn't been doing to well in his job, he's been there a good few years now but his targets have started to slip, so a few months ago he was placed on capability, understandably a bit miffed but accepted it. A week ago the line manager apparently sent out letters informing my friend of the date of his capability review, he did not receive this letter so the line manager asked verbally if he could attend. My friend told the line manager that he "will not verbally agree to be there as I am attending my daughters parents evening". The line manager then wrote the following in a letter sent to head office: " XXXX has not attended their capability review, I was informed that they had not recieved their letter but XXXXX would not verbally agree to the meeting as XXXX said they had to attend a parents evening, I have not had any written confirmation of this to this date." So my friend went to the parents evening and then on the same day took said letter from the school into the line manager and asked if the letter to H/O could be amended or a new one sent to reflect the now current evidence. The line manager looked at the letter and refused to send the evidence or a new letter or the amended letter. My friend was so angry they were about to resign on the spot, the only reason they didn't is because of their kids. I think the concern here is that H/O take the, now proven false, information and use it to discipline my friend - what rights does my friend have? Any help would be much appreciated. Many Thanks!
  22. Hi everyone how many points do people normally get when they have had their interviews and are placed in the support group.
  23. Wonder if anyone can give me a few pointers when I attend this meeting please? Brief history...was taken ill Feb 14th 2011 spent 5 weeks in hospital, in which time I had to have an operation to repair a ruptured intestine and after suffered many serious post-op complications, I have kept my work Manger informed of my progress or lack of it, supplied sick notes as needed. My sick pay ended after 26 weeks and am now on ESA(support) and DLA. I cannot return, as yet, to my employment due to my wound refusing to heal and being an infection risk, both for myself and the people I would be caring for,also will need further surgery to correct some complications caused by the first operation. The letter that arrived today informing me of this meeting mentions the points that will be covered by the meeting such as impact on the team, impact on management team, impact on the employee and cost. I understand the problems of replacing me with another member of staff but as for management time and cost...well other than a meeting lasting 10 to 15 mins every couple of months no other management has been involved and as for costs, they didn't pay me any sick pay and have not received any holiday pay that I think I was entitled to over the past year. Can anyone confirm that I am entitled to accrued holiday pay when I am on sick leave or am I mistaken? Also they asked my Doctor if he would class me as disabled which he answered yes, should they offer me another position in the company? I work in one of the largest private health care providers in this country.
  24. It is my belief that soon I am to be Capability Dismissed by my company. They are coming down on me very hard and wanting me to return to work after being off since January of this year but I cannot give them an answer as to when I can come back to work as I simply don't know. I am classified as disabled and have been for some time. I have Spinal Stenosis and my consultant asked me last week if I worked and I said that I have been off sick since January and he said that was good because he is now sending me to the Pain Management Clinic. He said it was better I did not work and will operate on me if necessary. I would like to know if I am dismissed down the Capability route will my company give me a letter or something to enable me to claim Contribution based ESA? or is there something else I can claim instead? I am on high rate DLA Mobility and Low Rate Care. Many years ago I was on Incapacity Allowance but I know that this does not exist any more. I would welcome any advice.
  25. Hi, All Needing advice please. I have worked for a bus company for last 9 years, at the beginning of June I was Dismissed Due to Capability. In June 2009, I was diagnosed with Sarcoidosis after losing weight and an eye infection. I was off sick for approx. 9 weeks and since then have been attending various hospital clinics regularly. I have also been on medication since then and still am. Last June I went off sick again due to a Sarcoidosis flare up because of Stress caused by the company, I was off for 3 months, and put on a level 2 sickness. I went back to work, when, maybe I shouldn't off, but Hey Ho, and within 5 weeks of being back, I developed another eye infection, related to Sarcoidosis, but I just carried on working, and didn't see my doctor. At beginning of January, my eyesight was not getting better, I went to optician who then referred me to hospital, after a few weeks my infection had got worse and was advised not to drive at all, so since end of January I have been off sick. Company sent me to company doctor, who agreed that I was not fit to work, and because of Sarcoidosis, I may be covered under the disability discrimination act. Unable to give work a start back to work date, I was dismissed due to capability, decision upheld on appeal, and given 9 weeks’ notice. What I'm asking is, Is it worth me perusing a claim against company or should I accept it. Many Thanks.
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