Dismissed on capability grounds after work accident...

[JuCo]

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

[honeybee13]

Hello and welcome to CAG.

 

I expect the forum guys will be along later with advice for you, this sounds like the sort of query they're well able to cope with.

 

My best, HB

[JuCo]

Hi honeybee,

 

Thank you

 

That's good, fingers crossed they can

[Emmzzi]

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?

[stu007]

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 January 29, 2013 by stu007

[JuCo]

Hi Emmzzi,

No, had no specific guidance on the equality act. Not sure what adjusts would need to be made,quite a physical/heavy industry.

Cheers

[JuCo]

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

[Emmzzi]

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.

[JuCo]

Are they within their right to dismiss if they caused the injury? Right,so that goes on the PI claim?

[Emmzzi]

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.

[JuCo]

Thanks Emmzzi, good advice Stu's guides are great too,just had a quick read through them. They did not follow any procedures whatsoever!

[Emmzzi]

Then you may have as claim AND an ET...

[JuCo]

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

[honeybee13]

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

[ericsbrother]

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.

[JuCo]

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!!

[ericsbrother]

do it now, if you do get a letter it will probably be as a result of your employer receiving the claim so that will only make them look even more ridiculous.

[ericsbrother]

It is certainly wrongful as that is the procedural part with regard to notice, method etc. The unfair part would be reason for dismissal, following ACAS code for warnings, disability victimisation etc. Give it the big one, you have a lot of grounds.

[JuCo]

Thanks mate. Thats a fair point, going for the ET now. Should it all be lodged on the one ET claim, or should it be split into different claims?

[JuCo]

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 Stressed!!!

[Emmzzi]

Then turn up at work and see what happens?

[JuCo]

This is while I'm at work!! Work in another department from the main HR section.

[Emmzzi]

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

[JuCo]

I've asked them this to their face, they go along with that-we don't want to let you go etc. Then when ask if i'm still under notice, they say yes!

[Emmzzi]

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.