unfair dismisal. do I have a case?

[DNA123]

Ell-enn, fianally got it done. the laptop I was using was a nightmare. I will PM you now.

[Ell-enn]

Hi DNA123, I've got all the documents I need now - but will probably need to ask a few more questions, so keep logging into this thread.

 

I will work on the wording for your appeal over the next day or so concentrating on the circumstances surrounding the last period of absence as this is what we will use to declare the dismissal unfair. Keep positive.

 

Ell-enn

[DNA123]

Thats great.

I am just nipping out to get some shopping, I should only be about an hour.

post some questions.

 

thanks Ell-enn

[DNA123]

Ell-enn sorry I was so long. connection problems here.

[DNA123]

At the bottom of hand notes 4 (continueation sheet 2) it says I "decided not to attend work". that was not the case at all. They made that decision for me.

[DNA123]

And on my closing statement con continuation 3 it should read "I tried to come back work but you wouldln't let me". wich was what I said at the time.

Thats not what they have written though.

[Ell-enn]

Hi, sorry, a few more questions:

 

1. Did you sign the notes sheets? I can't make out the signature.

 

2. On your 12th September record of discussion sheet with your manager it states that a medical referral form was completed at your return to work interview on 28th August, but that you had still not been seen by Occupational Health. Is that still the case - did you get an appointment with OH?

 

3. Did they at any time ask for your permission to request a report from your doctor?

 

4. Were all your absences connected with the same medical condition?

 

 

 

Thanks

 

Ell-enn

[DNA123]

-They didn't ask me to sign it. I didn't even get to see it. I should of asked to see it or get a copy I suppose.

 

- They said I would meet with the occupational health but they didn't do it. they where always about but I was never called in to see them.

 

- They asked me to return to work once my GP was convinced I was fit to work, I got a letter from my GP for them.

They didn't ask for any kind of permission for anythin though.

 

- Only the last 2 absence where connected.

Infact on the last absence wich caused my final warning it was the occupational heaelth officer who sent me home from work and told me to get sihned off by my GP. wich I did. The OH officer was backed up by my line manager who told me the same thing.

[DNA123]

I was visibly in alot of pain at the time.

[Ell-enn]

OK that's fine - I think I have everything I need now. Just one last question, do you have a copy of the letter from your doctor? also (sorry, one more!) do you now if the OH officer would have made a file note that you were sent home?

[DNA123]

I don't have a copy of my GP letter but I think I can get one.

I dont know if the OH would have made a file note but I can find out tomorow and see if I can get a copy.

[DNA123]

I don't have a copy of my Gp letter. I don't know if the OH made a file note. I can try to get copies of both tomorow though.

[Ell-enn]

OK, any copies you can get would be good. Are there any colleagues who would be willing to give a witness statement in relation to the day you were sent home and told not to come back for a week?

 

As I said earlier, I will work on the wording of your appeal over the next couple of days, so don't worry if I don't post anything for a bit. However, if you are worried or need to ask anything please post - I will look in from time to time just to check.

Stay positive.

Ell-enn.

[DNA123]

sorry posted twice there lol

[DNA123]

I have spoke to a couple of colleafues over the phone this week who have offered to make a statement for that very thing. They offered without me asking actually. one of them was a first aider on the scene when the ambulance took me away aswell.

 

Thanks Ell-enn I will leave this with you now. I am speaking to the registra office on the phone on monday who speak to managment on my behalf if there is anything you think I should ask them let me know.

 

Going to go the match at the weekend. I'll have a drink and try to relax.

 

Thanks you Ell-enn.

[Ell-enn]

OK, in the meantime see if you can get the written statements from your colleagues an the first aider, it will give some weight to the appeal.

 

Hope your team win (depending who it is of course lol).

[DNA123]

Ell-enn

 

Today I phoned the lady who was the first aider who treated me on the day of the insident. I called her at home as she had told me to if I needed any help. She was very helpful and explained she had compleated a form reporting what had happend and that the occupational health officer should have a copy. She also said she would send me a written statement of the event in the post.

 

I phoned in today and got through to to occupational health officer. The first aider is currently in the process of leaving the company and is not working there at the moment.

The occupational health officer was not very helpful at all. She began by telling me she knew nothing about my dismissal and that nobody would have kept a record of what happened that day.

She also said I should not be talking to her about it.

I tried to explain that I needed some help with my appeal and that some documentation would help my appeal.

She then said that from what she had been told I was dismissed because of my overall attendence. Even though earlier she had said she knew nothing about my dismissal.

I got the distinct impression she was trying to put me off.

 

I called the first aider back and told her what had happened.

Again she was very helpful and said the duty manger from that day would have a record. The manager that day was not in today so I will have to try monday morning.

I also spoke to a collegue who was present when I tried to come back to work and was told to go home. She has said she will write a statement for me. Hoping to pick it up tommorow.

 

I cannot get hold of anyone from the registrar office who are supposed to be my contact and representatives at the company. I left messages for them a couple of times but no reply.

 

I'm worried now that they are trying to slow my appeal down and if I do get reinstated my job will not be secure.

 

Maybe I'm getting paranoid but nobody at the company seems to be very co-operative.

[Ell-enn]

Try not to read too much into the OH officer's attitude, perhaps she is protecting herself- her version of events is not critical so I'd leave that alone. I know it must be difficult when you're removed from the environment and have to rely on telephone conversations - however, it's encouraging that you have two people willing to give witness statements. As soon as you have them can you post them on the box.

 

I should have the appeal document ready for you on Monday.

 

As long as you return your appeal documents within the required timescales, they will have to hear the appeal in line with their policy. When you get a date for the appeal we will finalise the strategy.

 

According to their policy you are entitled to representation, if you feel you are not getting the support you need to make a complaint in writing, and we'll add that to your appeal case also.

 

Stay positive.

Ell-enn

[DNA123]

Ell-enn I don't what I'de do without you.

 

rip my hair out probably

 

Thank you.

[Ell-enn]

Hi there, hope you had a good weekend and your team won?

 

Back to business, do you have the witness statements yet? I don't want to finalise the appeal document until I have seen them.

 

Ell-enn

[DNA123]

ello, your weekend go ok?

 

I havn't received the letter rom the first aider in the post yet and havn't heard back from the girl giving me a statement. I left a message for her this morning.

Also I can't get through to anyone in the registrar office and nobody has seen the duty manager since Wednesday.

 

Been calling all morning not getting anywhere. Still trying.

[Ell-enn]

Hi there, don't worry - we'll get there in the end. I've drafted your appeal doc, but obviously need the witness statements to complete.

 

Also, is it possible to get a copy of your doctor's letter - if you explain that you have been dismissed for sickness absence, I'm sure he'll be able to give you a copy.

 

I'm sending you in a PM what I've written as a Word doc - you will see gaps where information needs filling in and also references to Appendices, some of which we don't have yet. Please review the document and see if you are happy with it.

 

Regarding the registrar (?) support - if you cannot get the information and support you are entitled to within the policy covering such, then you have cause for complaint and we can add that to the appeal doc at the last minute if you don't get anywhere with them.

 

Am I right in thinking that your appeal has to be lodged on Wednesday of this week? If that is the case, you will need to post it by recorded delivery tomorrow night, so you need to try and get the statements.

 

Let me know when you have read the doc - if you have anything to add etc.

 

Stay positive, Ell-enn

[DNA123]

I am just nipping to the doctors before they close. 10 minutes

[DNA123]

Ell-enn I have received the draft.

It is very professional and detailed. I can't wait to get the statements added.

I can't thank you enough or putting so much work into it or me.

You are a wonderful person. thank you so much.

 

 

I have just had a call from a lady at registrar. she is going to get me a copy of the doctors letter I brought in and also the duty managers report of the incident. She should be calling back later today.

[Ell-enn]

That's great - sorry, more questions:

 

Are you able to collect the documents from the registrar?

 

Any news on the statements?

 

Are you able to deliver your appeal by hand? or will it need to be posted (I'm just thinking about the tight timescale for getting the witness statements).

 

Rgs, Ell-enn (nearly there!)