employee dismissed..

[Rukz1913]

Hi

 

On 2nd July I was dismissed by my employer from gross misconduct with immediate effect.

 

I started working since 14/11/2012 and its a permanent part time position for 20hours.

 

Over this employment period I unfortunately had 1 day off due to migraine,

another day off to migraine,

then Jan 6th 2013 I was off until the 11th of Jan

which actually is 4 working days lost.

 

i was in hospital on the 6th for stomach pain, bowel bleeding, nausea and dizziness.

 

When I went back on 11th

during my return to work interview my employer asked if I was fit to return

and I awns weed ' no I am not but I understand the seriousness of my absence hence I am back'

that's when he said you he said as ur not full recovered if u decide to come back to work

and complete this RTW then if you feel ill it wil count as another period of absence.

 

If your not well you and go home now then it wil continue the same period of absence

and as a duty of care I think you should look out for health first.

 

I decided to go home and

 

A few days later with the snow in London and cold temps I ended up getting a flu

and high fever if things already weren't at their worst.

this resulted in a total if 11work days lost.

 

I was then formally given a Letter that as I've had 3 absences or 1 absence longer then 10 days

iv triggered the absence system and require a forma interview.

 

Long story short on the formal interview I was placed on a level 1.

that means any further triggeres will land me on a level 1 and possible contact review. Otherwise level 3.

 

Now for 3-4 months I took no time off no matter how bad my migraine I just took it as holiday as my union officer advised.

 

however one day I had to be sent home from work with extreme migraine and dizziness,

I could not even keep my head held up.

 

due to the migraine I had a accident where I injured my arm and and was very painful.

that resulted in 1 day for the migraine and 2 days for a arm injury.

 

I again had a formal review.

Instead of placing me on a level 2 and final warning I was dismissed from my job straight after the interview.

 

Now I have my appeal on Friday and I'm just nervous that I won't get my job back.

 

I raised many points that as I suffer from migraines under the equality act

I was advised by migraine trust they cannot dismiss me without showing they've supported me.

 

Also stuff like when I came back from my arm injury with still a sore arm it took my work 2 weeks to compete

 

a return to work interview where as that is what you should complete before letting the employee start work

 

.i also argued That when I had my first trigger met and the manager advised me may I should go home etc

he could have instead sent me to Occupation health or given me restricted ours or duties rather then sending me home.

 

I guess what I'm asking is opinions

if anyone thinks I have a chance at my job back?

I really feel scared about friday.

 

I genuinely was ill each time, and when I'm at work I give it more then my best , it's not just words I do love my job a lot.

But I do suffer from sometimes very frequent and sometimes occasional headaches which the doctor 99% thinks its migraines

and has said in a letter to my employer,

 

however he is still sending me to neurologist as my mum had a history of this and turned out to be a tumor.

 

 

 

Thanks

[IdaInFife]

As you do not even have a years service, there's not a lot you can do.

 

The posters in a better position will be along to soon.

[steampowered]

Sorry to hear about that. It is a very difficult situation, I know how debilitating migraines can be as a family member used to suffer from them.

 

You don't say what evidence was provided to your employer at the second interview. It is important to provide written evidence, such as a doctor's report, to back-up what you are saying. It may also be worth asking for a copy of the relevant employment policy or staff handbook covering this kind of situation.

 

Migraines are only covered by the Equality Act 2010 if you can demonstrate that they constitute a "disability", but this is a very strict test and difficult to meet. I wouldn't worry about the legal aspect for now, just focus on the appeal. I hope it goes well for you.

[Rukz1913]

Sorry to hear about that. It is a very difficult situation, I know how debilitating migraines can be as a family member used to suffer from them.

 

You don't say what evidence was provided to your employer at the second interview. It is important to provide written evidence, such as a doctor's report, to back-up what you are saying. It may also be worth asking for a copy of the relevant employment policy or staff handbook covering this kind of situation.

 

Migraines are only covered by the Equality Act 2010 if you can demonstrate that they constitute a "disability", but this is a very strict test and difficult to meet. I wouldn't worry about the legal aspect for now, just focus on the appeal. I hope it goes well for you.

 

Hi in my second interview I have a doctors letter confirming the migraines and that I've suffered from them for years and now have become worse and that I'm also being referred to a neurologist and waiting a appointment to our rule anything else more serious.

 

I've checked my employment contract, my code of conduct etc everything and nothing states about migraines etc . I just hope I guess things work out for the best and I get given another chance as I believe under the guidance and treatment from a specialist I can control these migraines.

 

In my appeal letter I have also sent of my medical reports obtained from my GP including A&E reports suggesting different times I've come to see them with migraines and dizziness. As well as the letter from GP. Is there anything else I should take to my Appeal or anything specific approach I should have or say during the appeal to help my case? I have never been in this situation. I just wish I had been clever like them people who take lots of emergency leave telling lies and they don't get pulled up and I have been honest with them about my illness every time and I get dismissed!

Edited August 14, 2013 by Rukz1913

[Rukz1913]

Surelly if the managers explained to me that they could put me on restricted hours or duties and gave me that option my absence would have been only 4 days rather than 11.

[Emmzzi]

I think the key here is

a) were you asked if you had a disability at application stage and what did you say? And

b) always ask for an occ health several early on to formalise things

 

As it is, you absence rate is very high;adjustments eg flexitime may have helped with that

[Rukz1913]

yes they did ask if I had a disability but I said no as I didn't know myself that migraines are somewhat treated as a disability if they impact the quality of everyday life.

 

Before starting my job I was asked to complete a healthcare form and in that I ticked that I have suffered from migraines/headaches in the past 12 months. It was just a form with like 20 questions telling me to tick whichever I have suffered from in past 12 months. But I don't have any copies of that at all.

 

 

I was sent to Occupational health after the first meeting and the nurse wrote a report to my manager saying I suffer from migraines and that I am being referred to a neurologist for further investigations Etc

 

 

Second time I requested to go myself as when I came bk to work with arm injury as a result of my migraine and dizziness I was made to work for 3 days and on the 3rd day I insisted to go to OCC health so they could put me on restricted duties. 2 weeks later my return to work was held! When I asked to go to occ health I was asked by my manager ' do you really need to go? It's just a triage '

 

And the final time I was sent was in the morning of this second meeting in which they dismissed me with immediate effect. The report by the nurse was that I am still awaiting a neurology appointment ( as written in letter by doctor which I showed her ) and that I suffer from migraines etc and that the business should allow me time from my job to attend these appointments.

[Emmzzi]

I just want to check, are you aware that while rtw interviews are best practice they are not a legal requirement?

 

It sounds like occ health in their migraine related reccomendations did not suggest any adjustments to working hours or conditions is that correct? Just the me off for appointments.

[Rukz1913]

I just want to check, are you aware that while rtw interviews are best practice they are not a legal requirement?

 

It sounds like occ health in their migraine related reccomendations did not suggest any adjustments to working hours or conditions is that correct? Just the me off for appointments.

 

 

Oh ok I did not know that there not legal requirement.

 

 

Yes correct they didn't say to make any adjustments but dud say that it's likely that this will be repairing as my migraines can come any time & are in no particular rhythm.

[Emmzzi]

Without a reccomendation of reasonable adjustments I am afraid I cannot see what recourse you have; the employer seems to have acted properly.

[Rukz1913]

Without a reccomendation of reasonable adjustments I am afraid I cannot see what recourse you have; the employer seems to have acted properly.

 

 

Is a reccommendatiion of reasonable adjustments made by occupational health or can I also get my GP to give that?

[Emmzzi]

It would need to have already happened for the employer to have a acted unreasonably. The employer will go on what occ health said.

[Rukz1913]

It would need to have already happened for the employer to have a acted unreasonably. The employer will go on what occ health said.

 

Oh ok

 

I guess I have nothing much to do now except pray

[Emmzzi]

A gp report wouldn't hurt but you'd need it to have new information. I suspect you cannot provide what is needed before your full diagnosis. But you have little to lose so why not?

[Rukz1913]

A gp report wouldn't hurt but you'd need it to have new information. I suspect you cannot provide what is needed before your full diagnosis. But you have little to lose so why not?

 

Ok thanks for your advice. It's helped make things more realistic for me. To he honest I'm not very hopeful for the appeal but I guess there 25% of me that thinks magically something will happen and I'll get my job back! Just wished if they knew how migraines effect a person maybe they would be lenient. Mine sometimes last for 3 days! And nothing helps, not even puking. I just have to lie down in a dark room with my face sinked into a pillow really high up!

 

I'll post on Friday just to let everyone know for future reference what happened on the appeal.

[Emmzzi]

The thing to remember is that they are not calling you a liar or doubting that you are genuinely ill; the simply need someone who is well enough to turn up to work, and right now, it sounds like you need more diagnosis and treatment to get to that place.

 

I know it is really difficult but do try and not take it too personally!