ROUTE WORK ARE TAKING....

harleyd14

AN UPDATE ON WHAT WENT ON TODAY, RE MY PREVIOUS TOPIC....
well, it looks like my work are going for ill health dismissal, i had the meeting with HR today and the long and short of it is they can't sack me, as i have done nothing wrong even tho i offered to take a tenna out of the till!! if i leave then i knacker my family financially as i cant get money help from the dss and they wont make me redundant as the job is there its just i cant do it, so they said about the ill health dismissal, have any of you heard about this?? they recon it could take a couple of months to "go thro the motions". so at least there is an end in sight, and i want to thank you all again for your messages, comments, tips and support. take care, Sally.xx

petmad

Sally, first of all can I say how sorry I am that you are in this situation. If I were you I would send an email with your question to the disability law service at this web address http://www.dls.org.uk/Advice/Index.html

If they dismiss you you will only get 12 weeks wages and have no job.
What about early retirement? is this an option ?
I hope you find an resolution which suits you. Keep us informed. Linda

harleyd14

hi linda, thanks for the reply, i have gone on the link and placed it in my favourites to have a good look tomorrow, they look like an informative site, i will email them and find out a bit more about this, i have never even heard to ill health dismissal. unfortunately retirement isnt an option as i am only 39 and too young to claim any pension...........oh the boat we row eh??!! :roll: still, was having a laugh with my sister about this tonight, cant understand how this time last year i was happy go lucky, hopping and skipping all over the place, enjoying my job etc etc and now.... well, hard to take in sometimes isnt it? thanks again Linda and you take care, from Sally.x

ninakang

Hi Sally

I'm sorry to hear about the situation you're in. But keep us informed as to how you get on.

Nx

markc1

Have you heard anything yet?

eckstardeluxe

I'd get a copy of your work's handbook and read that through, see what their steps towards this are in writing. If you were off work, did they make the "reasonable adjustments" required under DDA guidance when you returned? Did you have an assessment as required under the DDA to see what adjustments needed made? Did they offer you any alternatives to enable you to work? If you are answering no to any of this then you sound like you are being discriminated against because of your disability.

If they didn't attempt any of this, ask them why not, ask them if they are aware that you are covered by DDA guidelines and that this should have been offered. Get that response in writing, don't be afraid to ask, alot of people fear being "heavy handed". Was it that it just wasn't done or they said they couldn't afford to do it? Have they followed their grievance and dismissal processes to the letter? I bet they haven't.

The long and short of it is and I'm sorry to say it they want rid of you. Why? Because you could, if you went to see the CAB or similar and took evidence with you or prove any of the above go to a Tribunal. If you won, you would receive compo, but most importantly if you want it, be re-instated in a post more befitting of your capabilities. Another added bonus is it usually goes in the paper for all to see Get stuck into them, don't be bullied, the more they try to do this, the better you would have a case. Make them know you are not to be pushed over.

Don't just take their words for it what your options are, get advice and pronto, take as much written evidence as you can and good luck x

harleyd14

hi all, well where do i start??!! i had to ring up my sister and ask her if she had ever heard of ill health dismissal as i didnt get any answers from the HR lady as i was told that she would have to read up on the answers to the questions i asked :roll: great isnt it, these bookworms dont know nuthin!!! my sister told me to write a letter asking WHY i cant do the job share that i had offered (i told them that i can do 8am-12 for 4 days and then the job sharer would work round those hours, as we all know we are all better with this condition in the morning) but they said that this would not be an option as no-one would want the weird hours???? i dont think 1.30pm-5.30 and all day weekends is so weird do you?? so, part time hours were kicked out, job share was refused,redundancy wasnt an option as there is a job there, if i leave i can't claim any benefits and with 4 kids and a not so well hubby (head complicatons) i will need some form of income, even if it is from the government!! they have asked if they can have access to my medical records too, which i dont mond but i told them to put it in writing, which they did, as for giving me all adjustments etc when i did return well, put it this way, i had a chair behind the till for 2 days YEP 2 WHOLE DAYS!!! the only things they have stuck to is leaving me on the upper floor as the loo, kitchen and staff room is there and also i dont have to carry the delivery u stairs (there is no lift for stock or for customers). So all in all i am no further knowing what i am doing except that in about 2 months time i will be out of work and in the garden..yeahhhhh. acas, CAB and someone from my sisters office (she works for the benefits in Aldershot) are all on the backburner but any advice or information from anyone would be great. to be honest i was ready to just jack it in and give them what they wanted, but then this little flame lit and now the Mike Tyson in me is ready !!! :shock: thanks to all of you out there, this site and you peeps really are a great sound board . lots of love, Sally.xx

eckstardeluxe

So you haven't been assessed yet to see if you can do a job share or change your working pattern?

Good news for you if you are going to challenge this. If you are not in a Union thet get an appointment with CAB straight away. Your employer is not taking any notice of the DDA and you have a case here for disability discrimination. Don't sign ANYTHING. Get advice first, if they ask you to attend a meeting, don't until you have reasonable representation. This is your right to refuse this.

I'd advise you to get help soon. Don't take your Employer's word as the truth, it sounds like they are not even taking any advice about this. Bad news for them at Tribunal. Good luck, keep us posted x

harleyd14

eckstardeluxe wrote:

I'd get a copy of your work's handbook and read that through, see what their steps towards this are in writing. If you were off work, did they make the "reasonable adjustments" required under DDA guidance when you returned? Did you have an assessment as required under the DDA to see what adjustments needed made? Did they offer you any alternatives to enable you to work? If you are answering no to any of this then you sound like you are being discriminated against because of your disability.

If they didn't attempt any of this, ask them why not, ask them if they are aware that you are covered by DDA guidelines and that this should have been offered. Get that response in writing, don't be afraid to ask, alot of people fear being "heavy handed". Was it that it just wasn't done or they said they couldn't afford to do it? Have they followed their grievance and dismissal processes to the letter? I bet they haven't.

The long and short of it is and I'm sorry to say it they want rid of you. Why? Because you could, if you went to see the CAB or similar and took evidence with you or prove any of the above go to a Tribunal. If you won, you would receive compo, but most importantly if you want it, be re-instated in a post more befitting of your capabilities. Another added bonus is it usually goes in the paper for all to see Get stuck into them, don't be bullied, the more they try to do this, the better you would have a case. Make them know you are not to be pushed over.

Don't just take their words for it what your options are, get advice and pronto, take as much written evidence as you can and good luck x

you know eck, i went and got a copy of this after you said, and guess what it states that Robert Dyas are....EQUAL OPPORTUNITIES EMPLOYER !!! yeah right!! they want to see my medical records and they sent my this consent form, no where on it does it say the company name, i havent signed it, although i have no reason to with hold this as i am not hiding anything, but i dont have a letter, a headed letter actually ASKING me for permission, all that was sent was this form for me to sign to allow them to contact my doctor, i have a drs appointment this wednesday and they want me to take this form with me on that app, but i am going in to work tomorrow and am going to ask them to sent me a letter requesting consent, am going to ask for EVERYTHING to be done in writing from now on in i think. you made me think that they DO just want rid of me, i was going to just go but now....well we shall see as i think it will start to get a bit formal as soon as i ask for it all in writing, i think they will think i am going to make waves, will let you know how it goes, will keep posting my progress, thanks eck and everyone, Sally.x

markc1

My motto would be fight.Why don't you get a copy of the booklet on employment tribunerals and fill in form ET1,it may cause a rethink by your employers.

This is a route i am going down

woodbon

I'm on my notice weeks for ill health retirement. I've been through all the hoops: occy health, etc. reports from the hospital and my GP. I think the rules state that you don't have to give permission for your records to be released, but if you don't, they can use that as one of the reasons for their decision.

I think, reading through what you've said that you may have a case for discrimmination or something along those lines. As others have said, get some advice quickly. CAB are supposed to be good.

I wish you all the luck in the world
Love Sue

petmad

Sally I would fill in the form, though it should be occy health who get a report from your doctor, not access to your health records. In terms of the DDA your firm must take all possible actions to assist your return to work, including a reduction in hours and provision of any special aids/equipment to assist you. You are right to get everything in writing.
If they fail to meet all the guidelines you can take out a claim of constructive dismissal. See CAB and as I advised before contact the Disability Law Service.
I am so sorry you are in this situation, thinking on you. Linda

airwave

Hi,
Somewhere along the line, you must have entered into an agreement to say that you will release your medical records to them, perhaps when your original contract was signed?

Having been through this myself, without a doubt you need to have some professional advice that fights 'your corner'. Remember its about money and money is not personal, better off in your pocket than theirs!
8) Its a grin, honest!