Bad news today......

re'M'ington

Well-Known Member
I had a letter from work today(I only work Fri/Sat/Sun/Mon)telling me that I have been dismissed for 'Medical Capability' in other words absenteeism.....I had 1 day for a wisdom tooth taken out,11 days with a broken rib,and 3 days after nearly chopping off my thumb.l've arranged to speak to a solicitor tomorrow as well as sign on.....haven't done that for a very long time!

Martin
 
Thats it get in that solicitors first thing , good luck with that and get everything you can out of them
 
Martin

Sorry to hear that- were your injuries sustained (wisdom tooth excepted :)) whilst at work? If so you could have a claim against your employer and I might be wrong but I thought they had to consult with you to improve absenteeism before paying off- but your solicitor will be better placed to provide advice..

In any event good luck with sorting it out one way or tother
 
MARTIN. keep your head up ...remember if you can find stalking you will find another jod if it does gets to that ....ATB ....neil
 
Take them for everything you can, if your on the sick with your sore paw you don't require to sign on .

The citizens advice will give you free info before you head to a lawyer with a better knowledge of the situation.
 
That sounds bloody ridiculous!

How long have you worked there?

Medical capability sounds far more like a clause for long term absence or disability. Did they actually carry out any form of medical examination, or are they using a scoring system like Bradford?

Regardless,solicitor sounds the way, have you got any, ahem, "personal factors" that might explain the dismissal as discriminatory?

you know, black, disabled, gay/bisexual? Don't knock the prospect of having recently come out as being the last one ;)
 
Hi Martin
Sorry to hear your bad news hope your situation improves i have been on the sick since november i was taken to hospital again last monday with breathing problems,apparently its cardiomyopathy anyway my heart is knackered.Time we got together for a beer or two
Geordie
 
I am pretty sure that they are acting illegally as far as 'Employment Law' is concerned,but,will let you know after talking to the solicitor.As for your last question......I am actually tri-sexual..........................I will try anything!


Martin(just about keeping a smile on the go)
 
Martin bad luck mate all i will say is get a solicitor that is up on this type of thing mate. You will just need to get a few more stalking certificates and start taking people out stalking. That could earn you a little extra and educate others.
 
Employment law is a minefield these days. But from what I can see I think your employer has stepped over the line by a very long way. It makes no difference if you only work 4 days you still have the same rights as a fully employed person.
There should have been a consultation period over any dismissal and a three stage step before any action can be taken. Does the firm you work for have a staff handbook? and even if you do not have a contract of employment it does not alter anything you still have contractual rights. I would speak to ACAS first before spending money on a solicitor as it is free and impartial advice.

If you have recieved any injury at work it should have been recorded in the accident book. You are also allowed up to 5 days off work for self certification, although it used to be 3.

Good luck, I think your ex employers might be in for a rough ride.

Best

Sikamalc
 
Most firms of solicitors will give you a free half hour consultation, normally with a legal executive not a solicitor, but they will point you in the right direction. Ring them first and ask if they have a specialist in employment law, it will be worth trying a few firms to find the right solicitor. As said citizens advice will be a good first step, they might know of the right solicitor.

Regards, Simon
 
In a previous post you said that your trade union were involved. what is there stance on this? if they have been consulted if so why aren't they jumping all over this? get them to bring in a full time official, dont rely on the representative on site as they sometimes dont like to make waves if they are on a cushy number themselves.
Start asking yourself, do i want to work for a company that would treat me like this? it could be that they are thinking of making redundancies and see you and similar cases as a good way of reducing numbers without paying redundancy (seen this happen first hand). If you win and get your job back you could find yourself being performance reviewed out of the buisness. If the union are involved there may be a chance for a 'compromised agreement' settlement you will still be looking for work but it will be with some cash in your pocket and a reference from your employer.
Good luck mate, chin up, i'm sure that a few months from now you will be looking back on this thinking about how it was a blessing in disguise.

Regards, Ezzy
 
As sikamalc has said really. They cannot dismiss you with just a letter (unless you have been working there less than 12 months when you have very little employment rights), its a three stage process, they need to invite you in for a meeting to discuss any issues thay have and give you the oppertunity to either rectify them or explain you reasons (which sound valid - especially if any injuries were caused in the work place).

I would, as most have suggested, get some free advice first, but it looks like you have been shafted and may well require the skills of an EMPLOYMENT solicitor, it makes a difference. Trust me.

Fingers crossed for you, i'm sure you'll be all right one way or another.

Take care in the mean time.

DD
 
Martin,
Sorry to hear of your predicament. Use your time wisely if only to fight off the boredom.
Procedure procedure procedure. You must look into your works employment procedure and ensure that they have a/ complied with employment law and b/ followed there own preocedure i.e. played it by the book. If it goes to tribunal for unfair dismissal then your spade work following this up will not be wasted.

I wouldn't jump straight in at the solicitors as they are sharks and the 30 minute free bit isn't worth a w4nk. Do the above and take it to the citizens advice then go from there. That way your time is free and you haven't wasted any money.

Think positive and chase this if only for some compensation.
Eldon.
 
Martin,

For my sins I am a Unite union rep and am quite clued in to this from both a union point of view and from bitter personell experience. Cuurently there is a big push in the public services to remove employees though the sickness route.

The advice given so far is in main correct.

Your employer should have a set proceedure for this and it needs to be followed precisely at all stages. Everything should have been done in writting and you have the right to be accompanied by a friend or Union rep to any meetings.

If you are a Union member then you need to get your steward involved, if there is none then contact your unions FTO.

They will advise you accordingly.

If this fails (which it should not) then you may need to contact a specialist solicitor. If so please contact me and I may be able to advise you on selection.

Dont let it get to you

D
 
I am pretty sure that they are acting illegally as far as 'Employment Law' is concerned,but,will let you know after talking to the solicitor.As for your last question......I am actually tri-sexual..........................I will try anything!


Martin(just about keeping a smile on the go)



......I am actually tri-sexual..........................I will try anything!

Ever thought about the internet porn industry?? There,s an opening whichever way you turn ? lolol

On a serious note, Good luck and I hope you manage to sort them out !
 
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