Dismissall being threatened

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karenblack
karenblack Member Posts: 12
:cry: Hi, Can any one advise me here. I have been off work on maternity leave for last 9 months, in that time I have been diagnosed with rheumatoid arthritis. I have been called into work for a return to work meeting and informed my employer of 22 years of my condition, and was sent to Institute of Occupational Medicine. They are now recommending dismissal from my employment as they dont think I am capable of doing the job. I am at present off work on annual leave and due to go back on June 2nd, does anyone know what rights I have regarding my arthritis at work.
Karen.

Comments

  • ninakang
    ninakang Member Posts: 1,367
    edited 30. Nov -1, 00:00
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    Hi Karen

    I'm so annoyed, I wrote you a reply but then got an error message and my reply wasn't posted!

    I really feel for you, you don't need this after just having a baby (boy or girl? How old are they now?) and being diagnosed with RA.

    I know that your employer has to make reasonable adjustments under the Disability Discrimination Act for you to carry on working. This could be a change to any equipment you use or a change in your hours. Do you have a meeting due with work? Before going to it, I would:

    - Seek representation to go with you - either a clued up friend/ relative or a union rep
    - Make notes on GP and hospital visits and what the outcomes of these were
    - Make notes on how you could carry on doing your job with some help (there are nearly always ways of doing this).

    I hope this helps. Please come back on and tell us how you're doing. We're all rooting for you

    NX
  • ninakang
    ninakang Member Posts: 1,367
    edited 30. Nov -1, 00:00
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    Karen

    I've also found this really useful link on this site. I hope this works:

    http://www.arthritiscare.org.uk/PublicationsandResources/Workindependence

    If not, start at the Home page, click on Publications and Resources and you should find a link to Work and Independence. There are some good guides here.

    Nx
  • colinone
    colinone Member Posts: 1,039
    edited 30. Nov -1, 00:00
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    Hi karenblack

    You must go to the CAB and get information from them they are very good. Do you have a union rep to talk to.
    Colin
  • frogmorton
    frogmorton Member Posts: 29,657
    edited 30. Nov -1, 00:00
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    Karen
    they can't just dump you!!! What do you do for work?
    I totally endorse the others' advice get some professional advice - yoiur union if you can cab or ring the acas helpline too. Anything jusy DONT take this lying down.
    Toni (very outraged)
    x
  • eckstardeluxe
    eckstardeluxe Member Posts: 1,192
    edited 30. Nov -1, 00:00
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    As Toni said, what is your line of work? If we knew it would give us a clue as to whether they could get away with recommending dismissal.

    As Nina mentioned, write everything down and sign NOTHING! Get adequate representation, if you are not in a Union, get an appointment with CAB. Under no circumstances go into any meeting until you have proper representation. If it means cancelling a hearing then do so informing them you do not have proper representation as of yet. This is your right, it is the law, they cannot refuse this unless you can have been giving adequate time and could have been expected to find some in that time. Do not take family unless like me you have a Dad who was not only a shop steward but sevred on Tribunals. You really need someone who knows the DDA inside out.

    They can only recommend dismissal if every avenue has been exhausted first ie could they have changed your job, changed your hours, shift pattern, bought equipment for you etc This is what an employment tribunal looks at. I know I may sound a little militant here but my motto is If in doubt go to Tribunal. Tribunals take issues like this very sriously indeed.

    Don't be frightened to get tough with them, they aren't exactly being nice by threatening dismissal to an employee who has given them 22 years service. Even if they dangle some lovely carrots in front of you, don't bite until your rep has said otherwise.

    Good luck.
  • karenblack
    karenblack Member Posts: 12
    edited 30. Nov -1, 00:00
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    frogmorton wrote:
    Karen
    they can't just dump you!!! What do you do for work?
    I totally endorse the others' advice get some professional advice - yoiur union if you can cab or ring the acas helpline too. Anything jusy DONT take this lying down.
    Toni (very outraged)
    x
    Toni, Thanks for the support, I am a housekeeper in a private school for children with behaviour and emotional problems. We unfortunately dont have a Union, but my partner was a shop steward with TGWU and he will be there both to support and represent me in this difficult situation. He has been in touch with ACAS today and legally they can dismiss me with 3 months notice and could ask me to work my notice but that is unlikely. The problem I have is that the company has not yet been in contact with regards to a meeting, but I just found it strange that IOM telling me that they would recommend my dismissal as I could not do any other job within the company as I have not been trained how to deal with children
  • oneday
    oneday Member Posts: 1,434
    edited 30. Nov -1, 00:00
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    sounds like sexual discrimination to me..............have you got any free legal advice/cover for personal issues like this from any other policies you have e.g house insurance, read the booklet, or any motor break down companies,loads of these companies give help for these matters....good luck......and go down fighting if it turns out that way :mrgreen:
  • karenblack
    karenblack Member Posts: 12
    edited 30. Nov -1, 00:00
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    As Toni said, what is your line of work? If we knew it would give us a clue as to whether they could get away with recommending dismissal.

    As Nina mentioned, write everything down and sign NOTHING! Get adequate representation, if you are not in a Union, get an appointment with CAB. Under no circumstances go into any meeting until you have proper representation. If it means cancelling a hearing then do so informing them you do not have proper representation as of yet. This is your right, it is the law, they cannot refuse this unless you can have been giving adequate time and could have been expected to find some in that time. Do not take family unless like me you have a Dad who was not only a shop steward but sevred on Tribunals. You really need someone who knows the DDA inside out.

    They can only recommend dismissal if every avenue has been exhausted first ie could they have changed your job, changed your hours, shift pattern, bought equipment for you etc This is what an employment tribunal looks at. I know I may sound a little militant here but my motto is If in doubt go to Tribunal. Tribunals take issues like this very sriously indeed.

    Don't be frightened to get tough with them, they aren't exactly being nice by threatening dismissal to an employee who has given them 22 years service. Even if they dangle some lovely carrots in front of you, don't bite until your rep has said otherwise.

    Good luck.

    Many thanks for all your support on this forum.

    As I said to Toni, I am a housekeeper and I do have my partner who was a Shop Steward with TGWU for 7 years, and he will be representing myself. I just wanted to make sure every thing was correct in what he is saying because he is bias in that he is my partner and has represented me in a disciplinary 4 years ago when my father passed away and they tried to give me a written warning as I had 2 weeks off work, he got this thrown out and they keep trying to give me warnings over minimal things ever since because he told them they did not have a clue about employment law and to go and read up about it before they came back to the table with any more nonsence.

    Karen
  • frogmorton
    frogmorton Member Posts: 29,657
    edited 30. Nov -1, 00:00
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    HI Karen
    This sounds awful, but true :( ACAS is where I would go and your hubby clearly knows what he is doin too.
    I used to work in a b school as a huseparent and it IS very very hard work isn't it?
    This is so sad really as you clearly enjoy working.
    I guess the thing to do is get positive and work out what you think you can do and start looking if you want to keep working.
    Do let us know how you get on though Karen.
    Take care
    Toni xx
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
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    I echo the earlier response.....go to a tribuneral,you will have nothing to lose and everything to gain.
  • eckstardeluxe
    eckstardeluxe Member Posts: 1,192
    edited 30. Nov -1, 00:00
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    Hi Karen. Well they may be correct in that you are not trained to work with the children but they will also have administration work, quite alot I'd imagine that I'm sure you could do. Ask if that is an option. Ask to see a copy of the OT's report. This again is your right. Do not go into any meetings until you've seen this.

    I find it very strange that they could go straight for dismissal without firstly taking all roles available at the school into consideration. A Tribunal would look at this. They would ask why you were not given an opportunity to take on another role. The only reason the school could say no is if their budget did not allow it. But for a part time position doing admin or such like they'd find this a hard thing to get past. Their budget would be scrutinised at Tribunal, they absolutely won't want this as many schools have errors in their budget system and likely a tribunal would pick up on them and the decision makers will know this. They will not want you to take this to Tribunal. This is where you have the upper hand here.

    Advise them you are unhappy with this OT's decision (once you've seen it) and you wish to challenge it. Follow your grievance procedures. Your husband is obviously experienced and will fight with you every step of the way. Go to CAB, get an appointment ASAP, they have much better experience face to face. ACAS have often given me duff info over the phone but have been helpful on some occasions.

    But to reiterate my main point, the fact they have went for straight dismissal is a big factor here. A good one for you. Under the DDA they must attempt to make the "reasonable adjustments" required under this law before dismissal can be decided upon.

    Get an appointment, take your hubby, the DDA has changed significantly in the last few years and the CAB staff will help your hubby understand exactly what he needs. But get in touch with the school and get that report. Come back and let us know what it says and we can get a bigger picture.


    Oh just to add, have you got copies of the stuff you said they tried on with you before, the written warnings? If not write down everything you can remember that they have tried on with you re warnings, verbal or written or any comments of a similar nature made by anyone etc, it's very good back up for you as it will show a history of victimisation.

    good luck
  • karenblack
    karenblack Member Posts: 12
    edited 30. Nov -1, 00:00
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    ninakang wrote:
    Hi Karen

    I'm so annoyed, I wrote you a reply but then got an error message and my reply wasn't posted!

    I really feel for you, you don't need this after just having a baby (boy or girl? How old are they now?) and being diagnosed with RA.

    I know that your employer has to make reasonable adjustments under the Disability Discrimination Act for you to carry on working. This could be a change to any equipment you use or a change in your hours. Do you have a meeting due with work? Before going to it, I would:

    - Seek representation to go with you - either a clued up friend/ relative or a union rep
    - Make notes on GP and hospital visits and what the outcomes of these were
    - Make notes on how you could carry on doing your job with some help (there are nearly always ways of doing this).

    I hope this helps. Please come back on and tell us how you're doing. We're all rooting for you

    NX
    Hi NX,
    Sorry for taking time to reply, I had a baby girl on 2nd August and named her Ruby.

    Firstly I would like to thank everyone for the support and advice that has been shared on this forum.

    My partner will be going with me to the meeting when my employer gets around to sending a letter out to inform me of this, he has 7 years experience as a shop steward with TGWU and quite clued up.

    Karen