Capability Hearing

[kingfisher1]

Not sure if there is anyone out there that can give me a little advice? I will try to keep this as simple as possible. I have been requested to attend a capability Hearing on Wednesday 6th August. This all came about because i must be the most unlucky person on the planet. Approx 5 years ago i had an accident @ work, they admited liabillity immediatly and i did receive compensation. I returned to work in a lesser role after quite a time off sick, after that there has been a series of events. Unfortunatly 18 months ago whilst @ work i suffered chest pains and was rushed to hospital where they discovered a thyroid condition i was signed off sick for around 2 months as my heart was not too clever. I went back to work again and a week into being back i suffered a bout of sickness and the rest. I only had 1 day off, returned again applied for my old job back and was turned down due apparently due to the fact i had just returned to work. I carried on working under a boss that was so unpleasant,had one more trip to hospital again due to thyroid but returned the day after being released (4 days off). Within the next 3 months i applied again for my old job back and was told by my boss the jobs yours. To olny find out that he gave it to someone else, apparently i didnt match the criteria. I then had a mini breakdown which was linked to the treatment of this boss. I was signed off again for 2 weeks and given medication. I didnt want to be beaten so after 4 days i returned to work, had a back to work/face to face with this boss which i found very intimidating and to which he denied ever offering me the job or treating me differently. I plodded along applied for another job was told the job no longer existed to only find it was given to someone else. This now takes me to Christmas past. My injury sustained at work started up again. I carried on working upto the point of being on my knees (back injury) at which point my husband had really had enough and took me to the doctors. They signed me off again and made an urgent appointment at the pain clinic within 4 weeks i had had my injection in my back and was straight back to work, only to be hit by Flu 2 weeks later, I tried to go to work only to end up with bronchitis, asthma and lyaringitis i was signed off as i couldnt breath or talk. Again returning 2 weeks later. I was finally offered my old job back (only because the to lads he had taken on quit) Things started going smoothly again unti; my son started showing some odd behaviour around 3 months ago ( he already has ashpergers syndrome ) and things were getting very bad on the home front. I tried to make appoinments with my boss (dept boss) to explain what was happening (and that the doctors thought my son was displaying signs of schitzophrenia) which she cancelled, the final time i made an appointment I didnt make it. Things had reached a point at home which i could no longer ignore. I went to see my GP again and explined all. She signed me off again so i could deal with what was happening at home.(6 weeks). I went back to work on the 4th July only to end up in hospital again 7 days later. I again got flu went to work came home on the Wednesday and nearly died on the Thursday of an Asthma attack. I was in hospital for 4 days and returned to work on the Wednesday of the next week. I am now facing a capability hearing, I have had back to work interviews at each return to work and one sickness review hearing, to which i was given a written warning and told i could have no more sickness within the next 12 months. Now you see why i said unlucky! I meet all my targets and more yet they really are gunning for me as there are others with more sickness yet no disaplinary! Can anyone offer advice. I work in the media industry. I am a member of a union and they are coming with me but i want to make sure i am fully prepared. Could i ask them for redundancy as there has been quite a few and our office is under review? Can they sack me without any severence pay? I feel like i am going insane!

Edited August 4, 2008 by kingfisher1

[Nightmare4banks]

kingfisher1,

 

I am very sorry to read about your health and work problems.

 

I have a few questions for you:

 

1.How long have you worked for this employer?

 

2.Are your illness symptoms associated in any way with the accident that happened to you at work 5 years ago? If,yes.Please explain in more detail.

 

3.I am sorry this maybe a personal question but I will ask it anyway - How old are you now?

 

The answers to the above questions should hopefully enable me to assist you further.

[kingfisher1]

Hi, I have worked for there for 9 & half years, the problem with my back is the work related injury for which i setteld out of court as they admitted liability straight away, but i dont think the asthma and thyroid are although the ammount of drugs i was on for my back my husband is sure i wouldnt be in this boat if i wasnt taking them. Im 36 and normally fit and try to keep my thyroid and asthma under control. I just feel i am being tried and haanged for claiming from them in total i have applied for 5 jobs within the company since claiming from them and turned down for all 5. Only getting my old job back after the 2 they hired quit. Sorry for rambling on.

[Nightmare4banks]

kingfisher1,

 

In reply to your posts and in my view:

 

1.You need to find out as to why you were refused 5 posts with your employer and assuming that you are capable of carrying out your duties properly as and whenever you are at work.You do this to prove that you have been unfairly treated.Your union is in a better position to get involved here.

 

2.It is very clear that you are not very happy at work plus this environment is very bad for your health and makes you more ill/worsens your condition.So,I would aim for redundancy but on ONE condition you get compensated.The main objective is see to take a break and try to get in a better state of health.Also,your son probably needs you too.

 

3.If you have been bullied you should seek compensation - highlight this and let your union address this very important issue.

 

4.You are still quite young and once you improve your health you should have a clearer mind regarding your future employment.

 

5.In brief,get as much as you can in compensation and move on! Once you get your compensation you may feel better and set yourself up in freelance/self-employed capacity.

 

I did this myself almost 20 years ago and have never looked back.I had similar problems to yours but not as bad

 

I hope you find this information useful.

 

If you have any more questions,please feel free to ask.

 

Keep us posted.

 

All the best!

Edited August 5, 2008 by Nightmare4banks

[kingfisher1]

Hi, Just found out that they have also lost part of my personell file. Some of the sicknotes are missing which relate to tomorrows hearing, I was also told last week that they require a medical report regarding my son, they have now all of a sudden changed their minds about this. Is this worth bringing up tomorrow? I enjoy my job as it keeps me on my toes but my employers are not very nice! Just hope i can get redundancy!

 

Thank you for all your help, getting worried about tomorrow.

[Nightmare4banks]

kingfisher1,

 

In reply to your posts,I would just like add:

 

1.I think you should bring up everything associated with your employer because

I think the way you have been treated is a type/a form of constructive dismissal i.e.The boss makes the environment so bad for you that you feel that you have no option but to leave your job and because you have not been well this can be used against you.These points should be highlighted to your union.

Especially if you have carried out tasks in a competent fashion for your employer and also been subjected to bullying etc.

 

 

2.No matter how much you say the job keeps you on your toes but I can assure you that you would be much better off seeking employment elsewhere/going freelance but only after:

 

a.Getting the maximum amount of compensation from the current employer.

 

b.Make sure that you feel healthy enough to work.Otherwise,it is a wasted exercise.

 

3.Finally,do not be nervous.At the end of the day - stick up for your rights with the support (hopefully) of your union and move on! You will feel much better.Trust me!

 

 

Anyway,I hope you find this information useful.

 

If you have any questions,please feel to ask.

 

Keep us posted.

 

All the best!

[kingfisher1]

Thank you, Just got everyting ready for tomorrow. Will let you know the outcome.

 

Thank you again.

[Nightmare4banks]

kingfisher1,

 

If you ever need any more support,please do not to hesitate to ask because you are amongst friends here on this forum and we will do all we can to help and guide you.

 

As you said you would,keep us posted.

 

I wish you all the best!

[kingfisher1]

Had my capability hearing today and all i can say is thank god for my union rep! He was fantastic. Staightaway he called into question the companies disaplinary procedure and kindly informed them that they were NOT following government guidelines . It looks like i will be offered redundancy but you never know?

 

Fingers crossed, but i have to admit if it wasnt for my union rep i would have been well and truly up the creek!!!!

[Nightmare4banks]

kingfisher1,

 

In reply to your last post:

 

As I told you - that it is crucial to highlight any of your concerns to your union rep.You should continue to do this until this matter is concluded and all going well in your favour.

 

I am very pleased for you.

 

Hopefully this is a start of a new leaf in your life and much better to what you have being enduring with this current employer of yours.

 

If you need any further help/guidance,please feel free to ask.

 

Keep us updated.

 

All the best!

Edited August 6, 2008 by Nightmare4banks