Dismissed due to sickness - is it worth appealing

[freakyleaky]

No its not text speak. Apparently its cool street talk like wot all da yoofs uses innit!!!

[honeybee13]

sirbob, I can only apologise for the site team's behaviour on your thread. I hope the guys will be able to give you some pointers on filling in an ET1. I don't think they need a lot of detail, from memory. ET1 forms I mean, the guys do what they like

 

 

HB

[sirbob10]

Well I've found the form and in the process of competing it out.

 

I' not to sure of the compensation amount. I never thought you could claim compensation. The plan was just to get his job back but my hubby says they would just find another way to get rid of him later on.

 

Any advise on filling out this form would be great.

 

Thanks

[amanda69]

Well I've found the form and in the process of competing it out.

 

I' not to sure of the compensation amount. I never thought you could claim compensation. The plan was just to get his job back but my hubby says they would just find another way to get rid of him later on.

 

Any advise on filling out this form would be great.

 

Thanks

 

if it's proved your husband was unfairly dismissed he will get compensation but couldn't tell you how much, me and my partner just been through same thing i was getting sacked on a pre determined disciplinary i walked away with just under £3000 to keep my mouth shut, i also got good reference my partner was getting a final written warning for something he hasn't done but that was overturned with a pay out, yuor husband is right if he got his job back it wouldn't be the same and the company would find away to get rid of him, if your husband is in a union they can help with forms if he's not citizens advise will help you but legal fees for solicitors can get expensive, get advise, goodluck

[Emmzzi]

amanda was that the same issue as yor thread about tunnel passes etc? It would be nice if you updated it - then the peope following your story will be notified of the outcome.

[honeybee13]

Oh right, Emmzzi, that Amanda! Thank you.

 

HB

[amanda69]

amanda was that the same issue as your thread about tunnel passes etc? It would be nice if you updated it - then the people following your story will be notified of the outcome.

 

the disciplinary was on wed 14/11/12 the company have no solid evidence to say that tunnel pass was in my possession no cctv, nothing, i asked what prompted the investigation the response was chinese whispers. i also said i felt with disciplinary was pre determined to sack me on the back of the informal grievance i had with supervisor which resulted in my manager getting a telling off, of course he said no nothing to do with the grievance. the outcome was i have been offered a compromise, which tells me no solid evidence but doesn't want me back in company, then my partner they said he would get a final written warning for what i don't know got nothing on him apart from he lives with me, then they went on to say a complaint gone in against him but wouldn't indulge what it was (which makes me think they're bluffing), so already on a final written with another would be the sack, they offered him a compromise of money also but not enough, how can company offer money if your getting sack unless they know we have a case against them?

[sirbob10]

Last September my husband was dismissed from his employment due to his sickness.

 

I admit it was high but he had spinal surgery in Oct 2011 which didn't go well which left him walking with a stick and suffering blackouts.

 

He was referred to Occupational Health and a letter was sent to his Team Leader in Jan 2012 stating the problems he had and that it would be unfair to use this illness against him when looking at his sickness record. It also said that that they would be changing Occ Health companies and the new company would be in touch soon. It also suggested come changes to his work station.

 

My husband called in Feb 2012 as not heard anything from the new company but was told that they could not be contacted externally and he would contact them for him. They never got in touch.

 

He tried to return to work in June 2012 and was told he must attend a medical which he did in July. A report said the same as before and that until the spinal problem was rectified that he may suffer from increased sickness but once again unfait to take these into account when looking at his sickness level. It also mentioned his workstation.

 

My husband brought the workstation to his empoyers attention but was told the company no longer get involved in anything like this and he had to make his own private arrangements. He was told to contact Access to Work and make his own arrangements. They came of to his work and made some reccomendations which they also sent a report to his employer. They ignored the report and his request to reduce his hours as had been suggested in the medical.

 

We decided to file a unfair dismissal claim and tomorrow we have a meeting with the employers solicitors and a judge to have a talk about what information we have and if any witnesses we would bring to the tribunal. My husband has become rather nervous as the solicitors have emailed us an 8 page document as to why it was fair to dismiss him and all we have is 2 medical reports that the company requested but then ignored and 1 Access to Work letter.

 

All I am wondering is it it worth it? His absence was high but since 2011 when the problem started thats all he had been off for. He suffers severe high blood pressure which he has had for 5 years which has caused no problems other than all the consultants he has seen are baffled. It usually hovers around 210/175 but like i say causes no problems.

 

Thanks

Joanne

[bristolmary]

Keep going with it. Their solicitors are trying to scare you by sending you long documents etc. It's their job to try and win. They don't want it going any futher hence the scare tactics. I know you're scared and stressed, but keep going. Whilst it wont change what your husband has been through, if you win it could stop others form suffering.

[SweetLorraine]

Hi Joanne.

 

would this be a case management discussion (CMD) or a pre-hearing review (PHR) meeting you have tomorrow?

[sirbob10]

Hi.

 

Its a CMD.

 

Joanne

[SweetLorraine]

Ah well,

 

that's OK. Essentially it will be a meeting to discuss dates for the hearing, dates for the exchange of documents including witness statements, the legal points that you wish the Tribunal to consider, what sort of compensation/redress you are looking for (your schedule of loss).

 

I take it you don't have legal representation?

[sirbob10]

No we dont have any legal representation. We also don't have any witnesses as they are still employed by the company and I understand they don't want to loose their jobs over this.

 

The only document we require is a copy of the medical he had in July as he hadned this to his Team Leader and never took a copy.

 

I always thought a company had a duty of care towards their employees and can't understand why he was told to sort out his own work place assessment.

[stu007]

Hi

 

I would ask for more document than that medical report i.e.

 

Sickness Policy and Procedure.

Health & Wellbeing Policy and Procedure.

Health & Safety Policy and Procedure.

Risk Assessment when he returned to work. - (bet they didnt do one)

 

I feel you need these document to ensure they actually followed their own policies and procedure

 

Quick question was the injury sustained work related?

[Emmzzi]

Your claim is not vexatioius so what do you believe you have to lose?

[sirbob10]

He says he did have a Risk Assessment done by his Team Leader who was one of the 1st aiders but the TL was sacked not long before my husband lost his job. The problem is all my husbands requests went through him as it should but now he's gone we don;t have much.

[SweetLorraine]

It is not unusual at all for claimants to have no witnesses - it is almost expected really. Don't worry about that.

 

Yes, I would have expected the employer to sort out things with prior to your husband's return. Every 'return to work' meeting (after a period of illness) I had at my ex-employers included a question about possible need for any workplace adjustments. But that is a discussion for the full hearing perhaps, not so much the CMD.

 

As a matter of interest is it a morning meeting or an afternoon meeting? I only ask so we have an idea as to how much time we have on here to reassure you before you head in. You'll be OK tomorrow y'know.

[sirbob10]

its at 9.45am so will leave here at 8.15 as it usually akes us an housr to get to the place where the meeting is but with city traffic we will leave earlier.

 

When he returned to work he was told he had 1 month to get back to his normal shifts or his pay would be reduced. The Occ Health suggested 6-8 weeks. He was told he couldn't do his normal job until he completed a training course so he spent 3 weeks sitting with someone listening to calls before he got on the course which lasted 7 days then he had to go straight into his 12 hour shifts which took it out of him. Thats why when he had the medical it suggested he reduce his hours which he requested but was ignored. In fact he asked 3 times being told each time it was being sorted.

[SweetLorraine]

Just an idea - might the sacked team leader be a possible witness? My enemy's enemy and all that.

 

You can request documents from the employer including emails, company policies and procedures etc;

[SweetLorraine]

You can worry yourself out of a legitimate claim (I know all about that). The unfamiliarity of it all can be stressful.

 

Could I recommend (as usual) the following website and the book that is mentioned there - it may help steady the nerves along the way to the final/full hearing. etclaims.co.uk It is money well spent.

[sirbob10]

Thank you for your help. I have made a list of documents to ask for as come the morning I'll forget due to trying to get 3 kids out the door for school.

 

We didn't think of asking the sacked TL but we know he is going through the same as my hubby in making a claim against them.

[SweetLorraine]

It might be worth joining forces with the erstwhile team leader - an idea to look at. (Feeling stronger already?)

 

a bit about CMDs might help.

 

CMDs are held to talk about procedural and organsational aspects of the case. They are held by only one judge and deal with issues such as whether the claimant or the respondent can amend the ET1 or ET3, who is responsible for preparing the bundle of evidence, when documents should be exchanged, what are the issues, whether orders should be made for the disclosure of specific documents and/or written answers to questions, how many days may be needed for the full hearing and if there are any dates which either side cannot make.

 

It is a discussion not a formal hearing. But the respondents can cut up rough about some things.

 

Take along the ET1 and ET3 and any correspondence with the respondent and/or the Tribunal. Written submissions aren't usually required at this type of hearing I believe.

 

(I'm not a legal person - hopefully those that are can teak/affirm this basic post?)

[sirbob10]

Hi

 

Well we have been and nowhere near as bad as we thought. The judge was lovely. He has given us dates for when certain things must happen.

 

He did say that he doesn't recommend judicial mediation and it will go straight to trial which is likely to be April/May.

[honeybee13]

Hi, I'm pleased it went well. Thank you for letting us know.

 

HB x

[SweetLorraine]

Well done, glad it was OK for you both.

 

Do get the book (from the library if need be - the 3rd edition is the most up-to-date), it will help you see what steps lie ahead. For example - you are entitled to ask for documents from the employer to support your claim.

 

Chase up the sacked team leader as soon as you can. If he/she is further down the ET route than you there might be a lot of useful advice available to you.

 

There may be further issues with the respondent/employer (the content of the bundle being a prime example) so keep in touch with this forum. There are many here that have gone before you that have won or lost, settled or withdrew that can help advise. There are also legal professionals with good souls that advise as well.

 

All the best to you both.