Jump to content


Requesting Access to Emails Concerning My Disciplinary Hearing?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3082 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Everyone, I'm new to this area of the forum but have received invaluable help from the debt section.

 

I think I need some professional advice. Can anyone recommend a reasonably priced employment lawyer?

 

I have been off sick for around 6 months. Work's policy is to provide 2 years sick pay. However they have now started discussing my 'capabilities' and have mooted the idea that my contract could be terminated.

 

I'm fairly confident that my condition (CFS) is covered by DDA, and I could pursue them for discrimination, wrongful dismissal and unfair dismissal.

 

However I want to get some professional insight and discuss my options before proceeding.

 

Thanks for any recommendations you can provide!

Link to post
Share on other sites

Hi

 

What I do know is that they need to make reasonable adjustments to enable you to return to work (under DDA). However if there are no adjustments or you can still not carry out the role with the adjustments made then they can legally dismiss you for no longer being able to fulfil your role. It is not good news and I face exactly the same thing now myself (nearly 2 years off on zero pay about to be dismissed).

 

You always have the right to peruse unfair dismissal and you are doing the right thing seeking legal advice. My advice would be to get everything in order as far as you can for persuing unfair dismissal.

 

Hope it helps.

Link to post
Share on other sites

Thanks. I read somewhere (I'll dig it out) that it is very hard to dismiss someone for 'frustration of contract' if their contract provides for more sick pay than they have currently received. I think this aspect of my claim would relate to 'wrongful dismissal' as opposed to DDA.

 

It's also my understanding that as well as making adjustments to your role, they should offer retraining or seek redeployment. Is that correct?

Link to post
Share on other sites

What the employer should do is offer any 'meaningful' role. Also adjustments from their point of view only need to be 'reasonable'. Personally I think it is quite easy for them to escape the reasonable test but any good employer should always consider unfair dismissal claims when thinking about dismissal on the grounds of ill health or for that matter redeployment. So for the employees point of view, consider the same - think about how your actions (i.e. your willingness to cooperate with your employer re contact, meeting them, giving regular updates etc) will come across at a tribunal. Also keep all emails and any other records of communications with them. They will be very important at any tribunal. Your solicitor will also want to review them if it gets that far.

 

I would be careful about contractual issues - always seek your legal advice.

Link to post
Share on other sites

What exactly does your contract say about sick pay - the exact wording please.

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

Link to post
Share on other sites

I have unapproved 3 off topic posts. I will continue to unapprove any other off topic or insulting posts. Not helpful to the op.

[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

Link to post
Share on other sites

Just learning about the different facets of an EAT based on disability discrimination. Sorry if this is a bit of a 'noob' question - when lodging an appeal do you lodge a separate claim for each of 'Direct Disability Discrimination', 'Discrimination Arising From Disability' and 'Failure to Make Reasonable Adjustments' or do you lodge one claim and list the three different aspects of your claim? Thanks

Link to post
Share on other sites

I agree with what Becky says above.

 

as an aside to this is there somewhere that concisely defines the three types of discrimination there , especially 'discrimination arising from disability', as the first and last categories appear more straight forward.

Link to post
Share on other sites

Thanks Becky5285 - I'm a bit hesitant to post more details as I outlined them in another post and the Moderators had to remove insulting/off topic posts. So it's a pain for them, and I'm not as thick skinned as I used to be. Zippygbr - there is a recent post on the forum from lbruk with a pdf attachment entitled EmployerCode - that nicely summarises what 'discrimination arising from disability' is. It's a wealth of info. I didn't realise that a claim for discrimination resulting in termination is 'nearly always an unfair dismissal' so you can claim for both!!

Link to post
Share on other sites

  • 2 months later...

Hi All

 

I have to attend the second part of a disciplinary hearing tomorrow. It is likely that I will be sacked for gross misconduct (which is entirely unwarranted imho).

 

I smell something of a rat and think there has been significant collusion at HQ to 'engineer' this particular situation. However, I can't prove this at the moment.

 

Is there any mechanism or law I can invoke to demand that all emails relating to me be disclosed? Also, part of the case relates to a company vehicle, can I demand that the tracking company disclose all activity on my tracker?

 

Thanks for your help.

Link to post
Share on other sites

By a tomorrow? No chance. I mean you can demand but they don't have to comply within 24 hours!

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

Link to post
Share on other sites

You know "demanding" when you are on a sticky wicket already seldom makes things better.

 

You can make a request under the data protection act and your company should have a policy telling you how to make a request for you personal information. Usually its "information security" or similar policy.

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

Link to post
Share on other sites

Thanks Emmzzzi. Yes, demand is probably too strong a word. Maybe 'insist' is better.

 

Still, I am slightly confused. I know the data protection act covers my HR file, but does it stretch to emails about me? After all a HR file is information about me, while emails are information about someone's opinion of me. So I'm not sure legally where I stand.

 

Thanks

Link to post
Share on other sites

Please be careful. If you start asking for private emails when you are already on shaky ground they will want to get rid of you. You will probably be better off by addressing the alleged misconduct rather than trying to prove a conspiracy.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Thanks for all your advice. I have been dismissed anyway (which I knew would happen). My interest in emails is to use going forward rather than to protect my employment (which is untenable). If there is anything untoward included I will be able to use it at my hearing or ET. Thanks again

Link to post
Share on other sites

Slightly different topic .... I was dismissed and have lodged an appeal. The appeal is due to be heard Wednesday 20th Feb.

 

However, in the meantime I have landed another job. So I do not want to win my appeal and be reinstated! Can I skip the appeal and still proceed with an ET for unfair dismissal and discrimination arising from disability?

 

Would the ET judge look less favourably on my case as I did not appeal, or does this have no bearing on the fairness of my dismissal?

Link to post
Share on other sites

basic principle: you have to give the company a chance to do right by you. That would be seeing the appeal through and taking reinstatement if offered. So no, you can't go straight to ET.

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

Link to post
Share on other sites

It has little bearing on the fairness of the dismissal, but it would affect compensation.

 

It's also theoretically possible to appeal but make it clear that you do not consider it reasonably practicable for you to return. The problem with that is that you're basically putting the employer on notice that you're just paying lip service to the process, and they could call your bluff and reinstate you, so the tribunal wouldn't have jurisdiction to hear the unfair dismissal claim.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...