Constructive Dismissal

[stevie1958]

Hi all i would like to know if my dismissal is legal,

Well i have an ongoing medical problem that is been agrivated by work, i don't want give full details incase any of my managers are on here.

Well i have had 4 operations in a 4 year period, about 18 months ago my employer sent me to Bupa as they use them for ocupational therapy and welbeen at work, Bupa stated i should be removed from my position and placed in alternative employment, my employers ignored this advice and i went on to have 2 further operations,

Eventually Bupa stated it would be against health and safety regs to keep me in my position at work, my employers put me in a different position on the same rate of pay no problem, however in september i was called to head office to a meeting with head of H/R and my senior manager, it was decided they have no option but to retire me on ill health ( i am 51), earlier this week my senior manager aproached me and said their will be a further meeting next week their will be no pay-off and i will be issued with one months notice to terminate my employment, they will be paying me £385.00 for each completed years service, i have been with them just over 5 years, also i don't have it in writing about this meeting although i have informed the union.

My question is:

1) can they dismiss me like this after doing my new job for the last 6 months.

2) would i be coverd under the DDA.

3) Is this constructive dismissal.

Please take in to account i am employed by one of europ's largest bus and rail employers.

i would like to thank you so much for your help.

[honeybee13]

Hello Stevie1958, sorry to hear about your problem.

 

Other threads on this forum have mentioned the acas helpline, which has a good reputation and this sounds like the kind of thing they do. You could try ringing them.

 

Regards and good luck.