Work trying to get rid of me after knee op. *Settled Out Of Tribunal*

[phaitun]

Anyone?

 

You could appeal the termination in writing on grounds that at the very least there should have been and ergonomic work place assessment carried out by an external assessor (usually provided by access to work via DWP) this would have been conducted by a qualified occupational therapist/assessor who should assess your role, it's demands, it's mechanics, stresses on your system etc and then reviewed that against your medical diagnosis, prognosis and also a full functionality assessment which may include the assessor monitoring your condition and its effects upon you throughout a usual working day.

 

Depending on what that report said then if in your favour the company could and should then conduct an individualised risk assessment of the role, your conditions, the medical reports, the access to work report and the companies off health report.

 

I do not know of time limits to appeal terminations based on capability but there should be capability procedures in your staff handbook etc.

 

Sounds like a typical public sector Occ Health management fudge up of these things. Do you work for public sector or a very large organisation?

 

I would appeal straight away, learn the employee relations act, the employment act and the health and safety act, sounds like your Union guy was useless too.

[phaitun]

You could appeal the termination in writing on grounds that at the very least there should have been and ergonomic work place assessment carried out by an external assessor (usually provided by access to work via DWP) this would have been conducted by a qualified occupational therapist/assessor who should assess your role, it's demands, it's mechanics, stresses on your system etc and then reviewed that against your medical diagnosis, prognosis and also a full functionality assessment which may include the assessor monitoring your condition and its effects upon you throughout a usual working day.

 

Depending on what that report said then if in your favour the company could and should then conduct an individualised risk assessment of the role, your conditions, the medical reports, the access to work report and the companies off health report.

 

I do not know of time limits to appeal terminations based on capability but there should be capability procedures in your staff handbook etc.

 

Sounds like a typical public sector Occ Health management fudge up of these things. Do you work for public sector or a very large organisation?

 

I would appeal straight away, learn the employee relations act, the employment act and the health and safety act, sounds like your Union guy was useless too.

 

Have you been pensioned or dismissed on grounds of capability.

Also if you have funds or union insurance that will pay for it lodge a claim at the ET for unfair dismissal and disability discrimination.

 

What matters with your disabities is the effect on you doing the job not what they perceive is the effect.

 

If it's a health and safety reason then this should have been properly assessed as outlined in my comment above.

[phaitun]

You could appeal the termination in writing on grounds that at the very least there should have been and ergonomic work place assessment carried out by an external assessor (usually provided by access to work via DWP) this would have been conducted by a qualified occupational therapist/assessor who should assess your role, it's demands, it's mechanics, stresses on your system etc and then reviewed that against your medical diagnosis, prognosis and also a full functionality assessment which may include the assessor monitoring your condition and its effects upon you throughout a usual working day.

 

Depending on what that report said then if in your favour the company could and should then conduct an individualised risk assessment of the role, your conditions, the medical reports, the access to work report and the companies off health report.

 

I do not know of time limits to appeal terminations based on capability but there should be capability procedures in your staff handbook etc.

 

Sounds like a typical public sector Occ Health management fudge up of these things. Do you work for public sector or a very large organisation?

 

I would appeal straight away, learn the employee relations act, the employment act and the health and safety act, sounds like your Union guy was useless too.

 

Have you been pensioned or dismissed on grounds of capability.

Also if you have funds or union insurance that will pay for it lodge a claim at the ET for unfair dismissal and disability discrimination.

Ppp

 

What matters with your disabities is the effect on you doing the job not what they perceive is the effect.

 

If it's a health and safety reason then this should have been properly assessed as outlined in my comment above.

 

Loads of stated cases at the employment appeal tribunal and court of appeal etc where someone who didn't want to and they should have found another role for you even if it meant moving someone or giving you a job higher than your grade as long as you could do it.

 

A

[phaitun]

Horler v Chief Constable of South Wales Police is an interesting ET case. Not binding but is being referred to at Tribunals as very good guidance.

[phaitun]

I explained at my meeting 'pre-dismissal' that I'd like to stay within the company as the pension company has a deal where if you have to move jobs, they'd make up the difference on wage if it was a lower rate. I asked to be moved to two jobs, which we all agreed seemed within the remit of Occupational Healths requirements ,but once again they swung in and said 'no'. So basically dismissed on medical grounds. The union guy said I '...should be happy I've had so much time off' To which I said '..if they'd said there would be no hope of a return twelve months ago, I could have made better provision for my further,rather than being medically dismissed at the point of return' I also have the 'medically dismissed' black mark against me for future employ. This will definitely impede my chances of getting a decent job. Also, why would the pension company make provision for me over such a length of time if the company had no intention of redeploying/re-employing me?

 

 

 

I've lodged an appeal ,which will be heard in a weeks time. We both think (me and the union guy) that they've not given me a fair crack of the whip at my old role. Even though the consultant has written to my employer basically saying there's nothing wrong with me. I kind of feel as though all trust has been broken between me and the employer.

 

 

 

 

 

They basically feel as the role will be too demanding for my knee. Which is odd ,as they have guys 20 years my senior doing the same role with dodgy knees. So much so,they provided knee guards for when they have to bend down.

 

 

 

Thanks for the link, I've read it with gusto!

 

 

 

 

You need to try and get the role profiles/job specs for those other roles asap. If you have any access to the companies policies and procedures handbook I would get them too together with any Generic Risk assessments made.

 

I am sure the Union guy would have access to those documents if he is still an employee. Either that or get a mate still working their to source them for you.

 

IMO they sacked you off because of your disability and quite clearly acted unlawfully. I would be preparing to go tribunal