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    • Hello,

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Dismissed on capability grounds after work accident...


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Hi Guys,

 

First time poster on here, but have been reading the boards for a while.

 

Wondering if anyone can advise which way to go with this:

 

*Employed more than 12yrs by current employer

 

*Had accident at work 13 months ago (employer admitted liability, PI claim in hand)

 

*Unable to work full time since

 

*Paid for all Injury Assessments myself (Employer refused)

 

*Harassed to see the reports (i was happy to if they covered the cost to me)

 

*Told in a meeting in Nov'12 I would be dismissed if I 'didn't get myself right' and would receive a letter the next day ( I had no idea what the meeting was to be about)

 

*Took 5 wks of me asking, to actually receive the letter (which was different to what was mentioned in meeting)

 

*Verbally dismissed 3rd wk in Dec (I asked for this to be confirmed in writing,still waiting!)

 

*Have started me training in another role,less money,to run concurrent with notice period, then 3 months in that position but only as sickness cover, then 'who knows'

 

I'm aware I may have one or two grounds for unfair dismissal. Would appreciate some advice from you guys. Also would a tribunal only hear one claim, or if there are several grounds would they be heard in the same case?

 

Cheers

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Have you had any guidance that you have as disability as defined by the equality act? What adjustments would you need to do bathe old job full time?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hi JuCo

 

You mention that you were verbally Dismissed which you asked to be confirmed in writing and to date you are still waiting on this letter.

 

When you were informed of the dismissal were you also informed of your Rights to Appeal as per the companies policies and procedures as you have a timelimit in place for appealing their decision?

 

Now IMO I would not wait for their letter but would Appeal their decision to Dismiss you.

 

I would also request copies of the following documents:

 

Disciplinary Policy and Procedure.

Sickness Policy and Procedure

Health & Wellbeing Policy and Procedure

Health & Safety Policy and Procedure

 

Please have a look at this ACAS Website link good info their: www.acas.org.uk/

 

I would also have a look at this Health & Safety Executive (HSE) link: http://www.hse.gov.uk/riddor/reporting-change.htm

 

These PDFs may be of use:

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi stu007,

 

No, I was not informed of the right to appeal. I was worried about the timeline with having nothing concrete in writing!

 

Thank you for the ACAS links, I shall have a little look as soon as I get the chance :-)

 

Cheers

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Well if you cannot do the job they are within their rights to dismiss and retraining is not a bad option. Lost income goes on the insurance claim.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Yes, the measure is "can you do the job with reasonable adjustments." Whether they dismissed fairly and with enough information may require more information and that is where stu's guides are really useful. Think of it as two events; one between you and insurers about lost income, and one between you and boss about can you do the job. Related but not totally intertwined.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I would appreciate further views and advice from other CAGGERS. No surprise that I'm fairly stressed with the situation. It seems like they are determined to let my notice run it course, maybe preventing me from going to an ET?

 

Cheers all

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I would appreciate further views and advice from other CAGGERS. No surprise that I'm fairly stressed with the situation. It seems like they are determined to let my notice run it course, maybe preventing me from going to an ET?

 

Cheers all

 

Hello there.

 

Emmzzi's the expert, but I do know that if you're worried about your notice period messing up your ET1, then you should submit the form even if you're technically still employed.

 

My best, HB

Illegitimi non carborundum

 

 

 

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As said, 2 things here, one is the PI, which insurers will deal with, the other is the dismissal on capability grounds. Employer has to jump through a lot of hoops before they do that and from what you say they have done none of them. Also, when you get all the paperwork suggested by stu007 get advice on doing a "Statutory Questionnaire" and submitting it to them under the EqA. That will most likely be dealt with at the same time as your tribunal claim for the wrongful dismissal (contractual part). There is are two good reasons for looking into this 1. burden of proof on employer and 2. damages claim can be unlimited wheras the wrongful or unfair dismissal has a compensation ceiling.

 

Yes, the measure is "can you do the job with reasonable adjustments." Whether they dismissed fairly and with enough information may require more information and that is where stu's guides are really useful. Think of it as two events; one between you and insurers about lost income, and one between you and boss about can you do the job. Related but not totally intertwined.
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Thanks ericsbrother :-) That about sums it up, a completely half baked attempt at dismissal, in my opinion. Do you see a case for wrongful, as well as, unfair dismissal? I shall have a look at the 'Statutory Questionnaire'

I've been told by ACAS that I could go to tribunal now, over failure to provide me with written notice of dismissal after I've requested it (now over 5 weeks). My main concern now is what actually is my dismissal date, did my 12 weeks notice start when I was verbally dismissed? I don't want to be missing that deadline!!

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  • 2 weeks later...

It would now appear that my employer has started a 'propaganda' campaign against me,telling anyone who will listen. Along the lines of 'We don't want her to leave, she is forcing us to dismiss her and give her the letter' I was verbally dismissed,all I want is the letter to see the grounds :x Stressed!!!

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"Hi, I heard person X say this. Is that correct? That you do want to keep me and have a great role for me?"

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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This can still be completely true if you are unable to do the job, of course... you may be seeing conspiracies where there are none.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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