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Dismissed on ill health grounds...


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Thanks Cal.

 

Update

 

Just sent off an email to HR regarding audit trail of any discussions that took place regarding alternatives to dismissal :

 

"As you are aware my appeal is on Monday. As management had had no discussions with me about my illness or absence prior to my dismissal, I would like to request to see the audit trail of any discussion(s) that took place in my absence regarding alternatives to dismissal. Im sure in a case as serious as mine where I have been dismissed from my job after nearly 9 years, that minutes were taken at these discussions as it must have been an important part of the decision making process. If you could supply me with the minutes of these meetings I would be most grateful. Thanks in advance."

Edited by MRDO
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Just sent off an email to HR regarding audit trail of any discussions that took place regarding alternatives to dismissal :

 

Lets just hope they are not mean enough to forge a load of minuted discussions .... that just wouldn't be cricket now would it!

 

I don't really think it can do any harm, to be honest they would be idiots if they weren't already planning their defence, cos they know you will probably claim after all what does a dimissed employee have to lose if he/she does claim?

 

:)

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Yes you are right. Also spoke to a couple of solicitors today also and they seem to think I have a pretty strong case. As for the email, they had 5 hours to reply today but nothing so far. Should give them something to think about if nothing else !! As for forging minutes of meetings, they are not intelligent enough !!

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I think I might have left asking for the Audit trail in the appeal hearing to see how much or if indeed they choke :p

If my comments have been helpful please click my scales

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Haha...Maybe your right Cal. Just had an email back saying they have "laptop problems" !!

 

UPDATE

 

After I made the original request, and receiving the answer above, I was sent minutes of the meeting which was held at my house !! Im sure thats not what I asked for !! Anyway, after emailing back stating this, I received the following reply :

 

 

"There were no notes kept of such meetings nor would there be any requirement for these. Any detail in respect of discussions with the Medical Officer on your condition and possible return to work, have been given to you in the form of the reports issued.

 

Obviously we could not make any assumptions regarding your continued employment until the MO had given us his opinion so any possible decision / consideration could not have taken place before this date."

 

 

As always I would value your comments.

 

UPDATE 11th August

 

Well I had my appeal today and they upheld the decision to dismiss me, so no real suprises there so I guess now its onto the tribunal stage.

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  • 1 month later...

Hi

I am experiencing the same problems with my employer, I have been off ill with depression for several months in this time i have only been contacted by phone to check that i have recieved a request for med details from gp. I have not been contacted to see how my progress is i had no conatct whatso ever for 3 months. I have a meeting scheduled for today but there has been no mention of dismissal. The last call i had was yesterday to ensure i was attending. I do not know where i stand i know that i am covered by the dda but can they just sack me, do they have to offer me any payment or can they just terminate my employment. My illness is not caused by my work but they have added to it and when i was first off within the first 6 weeks i had to make a complaint regarding my line manager as she was extremely rude and abusive over the phone. i am employed by a large retail company not a small business. they have requested an occupational report from my gp which i requested to see before it was sent off but for some reason the gp practice has just sent it off without me checking it. I am awaiting an appointment with a pscychiatrist to assist in my recovery this is just adding to the illness. is there anyone with any advice for me.

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Hi

1) can they just sack me, do they have to offer me any payment or can they just terminate my employment.

 

1) An employer can do whatever they want - whether their actions comply with employment law is another question. The follwoing from an earlier post of mine:

 

Absence from work as you describe can be the basis of a fair dismissal, as it can make the employee incapable of doing the job.

 

You should of course be offered a right of appeal against the decision when it comes. If no right of appeal is offered then this would be procedural breach.

 

As for your intended claim for Disability Discrim this will depend on numerous factors including (but not limited to):

 

a) The type of job you did and what reasonable adjustments could have been made to accommodate your disability

b) Whether your employer looked at alternative jobs you could do in their organisation

c) What exactly the medical evidence said and whether your employer has attempted to obtain up to date medical evidence

d) Whether you were warned in advance that dismissal was a possibility

 

If an employer follows all the correct procedures a dismissal of a disabled person can be a fair dismissal

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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  • 2 weeks later...

Hi there. Just a quick update on the situation. Sent off an ET1 and the "unfair dismissal" part of my claim has been accepted, but not the DD part as I hadnt put in a grievance about this. Thats now been done and will be re-submitting that part of my claim in 28 days.

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  • 2 years later...

Gosh it was a long time ago that I started this thread and was just browsing through really old bookmarks. I had my ET on the 14/15 this week. I will right up what has happenned for anyone who is still around and is interested but dont have the time right now. The Judiciary are meeting in chambers to decide my case on the second of March as we ran out of time yesterday but will still tell more about this case later. Hope all are well.

 

:)

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