Unfair dismissal - need help with appeal

[lemonhead]

Unfair,dismissal,need,help,appeale been dismissed from work and need help with what to do for an appeal.

 

The reason for dismissal is my capability to fulfil contract in a safe environment due to I'll health .by safe environment they mean my condition being controlled ( unfortunately no medication to help with my condition)

To give some background I was I have been diagnosed with an condition with causes me to have a seizure at least once a day. Non epileptic attack disorder. With reasonable adjustment I went back to work and worked with my condition for 8 months. I have worked there in total 3 years. I had a seizure on my way to work one day and was told I wasn't allowed to return to work due health and safety as they felt it was too much of a risk for me and people around they told me I would have to go on the sick. I refused though as I wasn't sick it was just my condition which I believe I should be able to work with. I have proved I can work with my condition to high standards but I'm just not allowed in building to do so. No adjustment I came up with was classed as reasonable.

 

I feel this is very unfair. I don't believe they can take disciplinary action for the reasons they presented and even worse be dismissed for them.

 

I really don't know where to start with my appeal there is so many things I would like to say but know I should keep to specifics and keep it structured . HELP I need your guidance.

 

Thanks

[Emmzzi]

what sort of environment do you work in? If it's a nuclear reactor they probably have a point.

[lemonhead]

Ha. I work in a call centre. I never have episodes on calls.

[Emmzzi]

and your GP and specialist say you are fit to work? and you don't drive there?

[lemonhead]

Yes GP And consultant both said fit for work. Can't drive at all now.

[BazzaS]

Whose health and safety?

Yours? : if you are going to have the attack anyway, better to have it in a witnessed environment if it isn't a high risk area (lots of machinery or the aforementioned nuclear reactor!)

 

Others' health & safety?. Do you get an aura or warning of an impending attack?. Even if you don't, all health & safety would need is for you to educate your co-workers, even if they aren't already first aid trained . Do you get tonic-clonic activity (fits/seizing like typically shown in films)?

Can they move items likely to be a danger to you away from you?

 

If you aren't in a safety-critical work area (and I suggest they should be able to cope in a call centre), this sounds like "convenience dressed up as Health & Safety ".

Does the firm have an occupational health provider?

Are you in a union?

Edited November 25, 2013 by BazzaS

[lemonhead]

My attacks I've been told look like I'm sleeping rather than fitting. I sometimes get warning .

 

Occupational health have been involved. They came up with me going on a career break until it was more under control. This involved me resigning and if a job was available i could apply again with same benefits. When I was referred to occupational health 8months ago they said I would have to go to work in wheelchair but my work establishment decided they didn't want me to do that.

 

The whole things been a joke. The union are involved but I couldn't get anyone from head office involved until appeal.

 

I really feel this shouldn't have got as far as dismissal.

My immediate Co workers are aware what to do and my manager was first aid trained but apparently I'm a burden on peoples time. I was happy for everyone to know but my employer said they didn't feel it was needed.

[BazzaS]

My attacks I've been told look like I'm sleeping rather than fitting. I sometimes get warning .

 

Occupational health have been involved. They came up with me going on a career break until it was more under control. This involved me resigning and if a job was available i could apply again with same benefits. When I was referred to occupational health 8months ago they said I would have to go to work in wheelchair but my work establishment decided they didn't want me to do that.

 

The whole things been a joke. The union are involved but I couldn't get anyone from head office involved until appeal.

 

I really feel this shouldn't have got as far as dismissal.

My immediate Co workers are aware what to do and my manager was first aid trained but apparently I'm a burden on peoples time. I was happy for everyone to know but my employer said they didn't feel it was needed.

 

Is there more to the story?

Why would Occ Health suggest a wheelchair?!

Were you told "you are a burden on people's time"?!

 

I'm not an HR expert but this sounds odd for an Occ Health dept, and grounds for appeal of the dismissal.

[lemonhead]

Out of the many times i had episodes at work, I had 2 minor injuries in the building. These incidents were brought up a few months later when they said I couldn't return to work. accident reports weren't filled out allow. I haven't disputed they occurred.

 

Their occupational health advisor came up with the wheelchair idea when i tried to go back the first time. It was the only idea she came up with. If i was going around the building and it occurred it would lesson the chance of injury. At this time other reasonable adjustment I came up for the risks were put in place. Changes like use lift instead of stairs, use disabled toilets and don't carry hot drinks.

 

After going around in circles to try and get back to work, coming up with reasonable adjustments that they didn't agree with I brought back up the wheelchair idea. I was willing to do anything to get back to work. I offered to buy one. Looked into how to purchase one that would be right for me.

 

Yeah they told me in numerous letters i was a burden on my colleagues and even said they couldn't Lemonhead proof the building. As I see it a building has to be safe for its employees. Condition or no condition I never asked for anything special to be done for me. Just for the chance to be able to fulfil my contract and do my job although there is no reasonable adjustment I can come up with for me being in the building.

 

I

[stu007]

Hi

 

 

Also did the employer after the first episode in which you sustained a minor injury carry out any Risk Assessment?

[lemonhead]

Hi

 

 

Also did the employer after the first episode in which you sustained a minor injury carry out any Risk Assessment?

 

 

No risk assessment done then.

[lemonhead]

Any more help would be much appreciate.

[Pusillanimous]

From what you say it sounds as though you might qualify as disabled. I suggest you speak to a lawyer who specialises in this field to see whether you have a case for disability discrimination. Look up a local community law centre or CAB.

[Limara]

I found this post whilst looking for info regarding my hubbys disability discrimination troubles, re the last post telling you to speak to a lawyer, your union should have one, we have gone through the have been dismissed under grounds of capability then appealed and now on a undecided ( which only means company are now trying to cover their own backs)and we still haven't got as far as a lawyer with the union, Push getting help from them as soon as you can.

If your qualify as a disability ( and there are some strange rules ) check here Under the equality act which has replaced the disability discrimination act your company is obliged to make reasonable adjustmets the only trouble with this is getting some one to fight their actions as I am finding out. Search google definition of disability under equality act 2010 its a gov.uk webistes I cant post the link

[Pusillanimous]

A decision handed down by the Court of Appeal recently states that the employer is not allowed to "rubber stamp" an occupational health adviser's opinion regarding disability. This means, even if they state you are not disabled, the employer must still give it proper consideration.