Employment tribunal and it effects on internal procedures

[marley100]

Hi All,

 

My wife is currently in the process of bringing about an employment tribunal against her employer.

 

The employer is trying to get my wife to a capability hearing where I believe they are looking to dismiss her on medical grounds.

 

My question is......If an employment tribunal claim is lodged, making it a formal dispute, are the capability proceedings or any other internal procedures then put in abeyance or stayed?

 

Thank you for taking the time to consider this.

[becky2585]

No, I'm afraid not. If she is dismissed on capability grounds, though, you may be able to link it to discrimination and claim the dismissal was victimisation and unfair dismissal.

 

Has she raised a formal grievance?

[elche]

My wife is currently in the process of bringing about an employment tribunal against her employer.

 

Hi Marley,

 

Sorry to hear about your wife. I agree 100% with Becky, but thought it might be useful to know in general what the ET claim currently being brought is about?

 

Che

[postggj]

well i have an employment tribunal at the moment against my former employer on just this issue

 

they used an external occupational health provider to recomnend ill health retirement which was no more than a rubber stamp job. (who pays the piper) even though i filled a vacancy that fitted my criteria as reasonable adjustmants. they still dismissed me and their was not alot i could do about it so i have appealed the dismissal and put in an employment tribunal claim on

 

FAILURE TO MAKE REASONABLE ADJUSTMENTS

DIRECT DISCRIMINATION

UNLAWFUL DISMISSAL

 

and i had it confirmed i was covered under the DDA (Equalties Act)