Dismissed due to disability, is that reasonable?

[swinterton]

Hello all, any advice would be greatly appreciated.

 

I have just been sacked from a large public sector department employing many thousands of people.

I have been working for my former employer for 20 years

I was injured at work 13 months ago.

I do qualify for DDA/equality act 10

July 2013 a reasonable adjustment was agreed by all concerned to keep me in employment, I could not return to my normal job, but I would be re graded/redeployed to an admin post elsewhere, within an hour of travelling for me.

They very quickly offered me two roles that were both only 6 month temp contract. one of these jobs was a good 2hr commute, I was advised it was early days by my HR and I did not have to accept these and more should follow.

I declined the two posts but said I would accept something more suitable, ie nearer and permanent.

I was not offered any other roles for the next 12 weeks.

I was then called in and told as nothing else had come available I was sacked.

I have since been made aware that their was other jobs available but they failed to let me know.

 

is this reasonable behaviour from my employer??

[Emmzzi]

Made aware how and were you qualified for them?

[SweetLorraine]

Hi swinerton,

 

sorry to hear about your situation. Early hours/days yet so I'm sure your all over the place right now. Firstly most large public sector organisations have HR processes in place. When you say you have been sacked I would assume that that is not the terminology used by your employer. Have they put anything in writing?

 

Without anything else to go on - it is a bit sketchy - it would seem that you may have been on a redeployment list? Why weren't you offered redundancy or early retirement?

[swinterton]

Hi sweet L,

 

Dismissed due to medical inefficiency, did not criteria for med retirement due to non permanence (might improve) over the next 25 years. yes I was on the redeployment list for approx. 13 weeks.

[SweetLorraine]

I take it you don't qualify for early retirement due to your age?

 

That would leave compulsory/voluntary redundancy as options. What happened there?

[swinterton]

not offered redundancy. i have been told I will get compensation. but did not want compensation needed to keep working.

[Emmzzi]

If the old job is there, just no longer suitable, it can't be redundancy surely

[SweetLorraine]

Who told you that you would get compensation? HR?

 

Have you been through the capability process? Is that the process used to end your employment?

[swinterton]

Yes HR, yes been thru capability hearing then dismissed.

[SweetLorraine]

Sorry to drill down swinterton, but if we know have a clearer picture we can try to help more effectively.

 

In terms of sequencing events I assume it was:

 

• bad injury at work (DDA rated)
  
• HR offer a compensation package for you to go. (Do you have that in writing swinterson?)
  
• You decline as you want to retain your employment.
  
• HR place you on the redeployment register [is that the correct procedure - any contributors?] and offer you two six month roles each of which exceed the agreed travelling time by an hour or so.
  
• You were not told about other roles during that period. (Did you have easy access to the redeployment register during this redeployment period swinterson?)
  
• After 13 weeks on the redeployment register you were dismissed through the capability process. (How much warning did you have that this was coming swinterson - did HR explain that this might be the consequence of turning down a compensation package when that offer was made?)
  
• Redundancy and/or early retirement were never considered as options.
  

You don't have to say swinterson - but was your employer a local authority? You don't have to say which one.

[swinterton]

Yes injury DDA rated.

I have capability hearing and consequently placed on redeployment register.

I suppose it is normal procedure for making adjustments for disabled workers.

I was within a week offered two jobs both 6 month temp contract earning half my of my pay. one was 2hrs drive and the other quite local.

I did not have access to the register.

compensation is a part of my term and conditions.

after 13 weeks new capability hearing and dismissed, not for turning the jobs down but because no other had come available.

my compensation will be paid regardless. yes I have it in writing.

no I was told after I had been dismissed and they apologised for not informing me, but dismissed me anyway.

but as I have said I really wanted to keep working, to keep me healthy in mind and body.

no it is not local government,

[SweetLorraine]

OK, well, there is some thin silver lining in there. Have you involved the local union reps in this?

[SweetLorraine]

Hi swinterson, I don't know much about HR, but there are others on here that do and can help you.

 

You have been injured at work to the point where it brings you under the DDA and you can no longer do your job. Your employer has not been able to find suitable alternative employment (although there may have been roles which you could have considered but were never informed about by HR) and they have dismissed you through the capability process and there is still some talk about compensation.

 

What are you now seeking? (You may want to reflect on that for a few days)

 

Personally I would guess any compensation package would not only have to be based on the organisation's redundancy (or early retirement) package but maybe also on the loss of potential future earnings due to the isidenjuries you suffered at work? Hopefully other contributors can advise.

 

I know it might seem pretty horrible now - but things do get better swinterson - there are plenty of others on here that have gone down similar paths - they have all come out the other side OK!

[swinterton]

thank you sweetlorraine.

[Emmzzi]

Made aware how and were you qualified for them?

 

can't help without an answer to this I am afraid!

[swinterton]

Hi emmzzi,

 

An internal website and then they apologised for not offering the role.

was I qualified?.... well I do not know, it was on a lesser pay band and it was admin work which I had not done much of before, but i think I would soon get the hang of it.

[Emmzzi]

Ok, and the role was permanent and within an hours travel?

 

I think you have two potential claims here. If your injury was at work, you have an industrial injury claim, providing it was not down to you being reckless! For this I suggest support from your union, or check your house insurance for legal cover, or failing that get a no win no fee solicitor. It really is best done with assistance.

 

The second claim is a potential claim for disability discrimination at an Employment tribunal. This can be VERY STRESSFUL so not to be undertaken lightly, and can drag on fro ages. Also it will cost you to apply for it. Again, union support would be most helpful. Further questions there are a) have you seen occ health and b) are you being dismissed with a lump sum payout from the pension scheme?

[swinterton]

Thanks for that advice emmzzi,

 

no, I have never been offered a permanent role just 6 month temp contract, but yes it was 15 min travel.

yes I did have in total 7/8 occupational health referrals it was them that said it was unlikely that I could return to my job and re grade/redeploy to admin work should be explored. dismissed with lump sum from civil service compensation scheme, not the pension.

I am exploring the personal injury route thru my union at this time.

[Emmzzi]

In your first post you say this

 

 

"I declined the two posts but said I would accept something more suitable, ie nearer and permanent."

 

 

I am not sure then that they are at fault for not offering you something temporary? (It sounds like the post 15 mins away was temp?)

 

 

Lump sum sounds right to me based on the OH report

 

 

Do your union think you were dismissed fairly? )I think you may have been)

 

 

Your energy may be best spend with the injury claim.

[swinterton]

Yes only offered two posts both were temp 6 month contract, I was also told at that time by HR that these were only the first two offers and I did not have to take them as others would follow.

still awaiting union response.

I just feel that they paid lip service to the reasonable adjustment for several weeks, then told me that nothing had come up (when it had) and dismissed me.

we have internal instructions and government orders that state dismissal should be a very last resort, and I do not think to put me on the deployment list for 13 weeks, not offer me the opportunities when they come up, and then sack me is a last resort. I feel they simply did not want someone like me(Disabled) working for them.

[Emmzzi]

I am missing something, what other opportunities came up? permanent roles?

[swinterton]

I am missing something, what other opportunities came up? permanent roles?

I was only offered two temp jobs, then sacked.

I was then told by a colleague that had seen at least two other jobs that would have been suitable on an internal web page. I do Not have other details temp or perm.

I then challenged managment on this.

They investigated.....then accepted that I should have at least been offered these, but it was an oversight.

They apologised but said it still changes nothing.

I received a letter of dismissal two days later.

[Emmzzi]

well, you would need firm evidence for an ET. Hearsay won't do it.

 

 

Personally I'd concentrate on getting well, and your injury claim. It's too easy to let bitterness eat you up!

[swinterton]

well, you would need firm evidence for an ET. Hearsay won't do it.

 

 

Personally I'd concentrate on getting well, and your injury claim. It's too easy to let bitterness eat you up!

They investigated and found evidence, I think that is firm evidence!

And I am not bitter, just standing up for myself and fighting for what I believe is right.

[Emmzzi]

do you have emails to that effect in your hand? a copy of the job ad?

 

 

if you had interviewed for the job would you have met all the required criteria?