Medical Capability Dismissal

[eforegg]

Hi all,

 

it's now 2 weeks exactly to the start of the hearing (28th, 29th & 30th of October) To be honest I never thought I would have made it this far. It's now at the stage, that compensation is so much less of an issue (I wouldn't turn it down) and it's now about being able to air my views and feelings. Anyway enough of that.

 

I wanted a wee bit of advise to make sure I dont phrase something the wrong way, etc. My old job from which I was dismissed was outsourced and ironically I now work for the company that the jobs were outsourced to. Totally different office in a totally different town. The repsondents solicitor has contacted me to say as on my ET1 I asked for re-employment & compensation now that I'm working for a different employer "to allow them to properly prepare can I advise if I still want them to look at re-employment with my old employer"

 

I was going to reply no that part of the claim is no longer applicable in light of my current employment situation, although I'm currently paid a lot less than what my salary was in my old job.

 

Am I being to cautious/cynical, should I just be saying as I was planning or should I be careful what I say?

 

As usual any help or advise would be appreciated. Incidently re the pension calc, what a nightmare but managed to get an acutary at the company I now work to do the calculation for me. . and I'm glad I did frightening the losses you occur from pension rights alone!!

[JonCris]

If it's lot less then yes call their bluff otherwise they may use a refusal to argue that you shouldn't be given as much loss of income compo as you are entitled to

[stanroyal]

Hi eforegg - have you got any news?

[MrShed]

Good point stan....

[eforegg]

Hi folks, I cant say a great deal about this for the usual legal reasons but a settlement was reached at the last minute a couple of days ago.

 

I cant say i feel like I won but I also certainly didn't lose. Just actually feel pretty sad that it had to come to this.

 

It's weird this is the first time I could face going online just played with the kids and tried not to ponder etc. Time to move on I guess.

 

What I would like to say is thank to each and every person who has offered support and help, over what has nearly been a year. Its been so very much appreciated and I know for certain I would never have reached here without it, and for that I know my family are grateful this forum exists.

 

Thank you

[MrShed]

Well done

[Sidewinder]

Good news. So glad that you pursued this rather than just sat back and took it

[JonCris]

Well done Now get on with your life but do come & visit us from time to time as you may be able to share your experiences with folk in a similar boat

[installspark]

Good news, eforegg.

 

Makes you wonder why they decided to settle at the last minute rather than go to the tribunal........Could it be that their solicitor had advised that on balance of probabilities they might have stood a good chance of losing the tribunal??

 

Now is the time to sit back, relax and move on from this.

 

I wish you all the best for the future.

[expat57]

''I cant say i feel like I won but I also certainly didn't lose. Just actually feel pretty sad that it had to come to this.''

My thoughts are with you. I was in a very similar situation with an almost identical outcome (settled at the Tribunal before the hearing started) and you have summed it up well.

 

I understand your feelings completely. It took me a few weeks to come to terms with the outcome, even though it was positive, as it was a strange anti-climax after months and months of stress, both before my dismissal and after. However, I must say I do not regret for one minute that I pursued the matter. The thought of never knowing if I might have succeeded would be hard to bear.

 

I'm sure as time goes on you will, like me, come to accept that it was good and you will realise that, in essence, they were admitting their guilt by making a settlement. If the employers had nothing to hide and were sure of their case, they would want the hearing to go ahead and allow their actions to be in the public domain.

 

It took me a while to come to terms with the settlement - and even longer to get the funds from my solicitor (but that's another story). I hope by now you are able to see it for what it was - a victory for you, you achieved something and it was all down to you. It is sad that these things have to happen but you have proved your own strength by seeing it through.

 

I hope things are looking up for you and wish you all the best for the future.