Just been sacked due to being unfit to work, unfair????

malcamy
malcamy Member Posts: 7
Hi all,

Hope you guys can help me, i have just been sacked from my job due to being "unfit to do an work" quote from my bosses boss and from occ health.
no attempt to help me under DDA. i was in my 6 month probation period.

where do i stand legally??? is it a unfair dismissal??

malc

Comments

  • magenta
    magenta Member Posts: 1,604
    edited 30. Nov -1, 00:00
    Hello,
    I'm sorry I can't help you with this but I wonder if the Help-line team can? Don't know if you've tried them. I know there will be others along soon who'll maybe be able to help you better than me. I just wanted to say that I'm sorry about what's happened to you-it's not fair.
    I work in the NHS and a girl was employed, like you with a 6mth probationary period. She was off sick for 4mths of it and she got kept on! I've been off recently for 1wk and I'm made to feel like I've done something really bad. It's not right-makes me angry!
    Hope you get some answers soon,
    Magenta x
  • malcamy
    malcamy Member Posts: 7
    edited 30. Nov -1, 00:00
    Hi Delboy

    I was diagnosed 2 months into my employment. The company is the second largest energy company in the uk so do have there own occ health team.

    the occ health officer did say i was covered under the DDA and informed my boss who in turn informed his boss.

    they came to see me at home to say that occ health had said i could not do my work and then said that they had no other work i can do and cant adjust anything.. so my contract is terminated as it is my 6 month review.

    Another question i have is that i was only getting paid SSP is this taxable?? just i have been taxed £75 on a months SSP (wage slip just arrived).

    Malc
  • dreamdaisy
    dreamdaisy Member Posts: 31,552
    edited 30. Nov -1, 00:00
    I am so sorry, malcamy, what a horrid thing to happen. I don't have any information to help you but the CAB might be a good port-of-call, in addition to the helpline. I wish I could be of further help but I am clueless on this one. DD
  • speedalong
    speedalong Member Posts: 3,347
    edited 30. Nov -1, 00:00
    Hi Malcamy - How awful.

    I don't know re the being sacked thing - I suggest you ring ACAS, I found them helpful also the disability officer at Job centre plus and/or your union rep if you have one.

    Re SSP - this link may help

    http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_175843

    Speedy
  • Bookseverywhere
    Bookseverywhere Member Posts: 196
    edited 30. Nov -1, 00:00
    I think you need to seek advice, perhaps from CAB or - if you have one - your Union rep. It seems to me that you should be covered, but some employers do sadly find ways round legislation.

    One key question: Did you have a Contract of Employment. It is a legal requirement that all employees be given a Contract of Employment after a maximum of 3 months. If you do have a contract of employment, check out what it says, and show it to any professional you seek advice from.

    This is an appalling thing to happen - 19th century Scrooge like employment tactics.

    Best wishes,
    Kevin.
  • penfactor
    penfactor Member Posts: 416
    edited 30. Nov -1, 00:00
    Hi there
    When I had this problem early this year I contacted the Disability Advisory helpline & got a telephone appointment with an expert. In this I was told they can dismiss you as being unfit legally no matter how long you have worked for a company. I had been employed for 9 & 1/2 years! My company also said that they could not find another role for me & that adaptions were not possible. I was advised that I would be better of resigning than being dismissed as it would look better on my CV.
    Sorry to be the bearer of bad news
    Pennie x
  • Bookseverywhere
    Bookseverywhere Member Posts: 196
    edited 30. Nov -1, 00:00
    The problem with resigning rather than waiting to be dismissed is that it could effect your benefit entitlement.

    Best wishes,
    Kevin.
  • penfactor
    penfactor Member Posts: 416
    edited 30. Nov -1, 00:00
    Hi there
    I was already on ESA so it had no effect on my entitlement. Most people will have used up their SSP & been put on that by the time it gets to the stage of them making you leave.
  • penfactor
    penfactor Member Posts: 416
    edited 30. Nov -1, 00:00
    Also being 'made redundant' is no different rights wise to resigning and the matter of automatically being guaranteed 'ill health retirement' should never be relied upon!
    Sorry but only telling it like it is here!!
  • Bookseverywhere
    Bookseverywhere Member Posts: 196
    edited 30. Nov -1, 00:00
    If someone leaves a job voluntarily, then that person can lose some of her or his benefit for several weeks. Likewise, if someone is sacked for misconduct. However, if someone loses a job for reasons other than misconduct or voluntarily leaving, then that person will get full benefit entitlement once any money in lieu of notice has expired.

    So by leaving before being sacked, when the dismissal is not due to misconduct (as it clearly wouldn't be in this case), the individual would lose some benefit for a few weeks.

    Every time an employee of ours stops working for us, we are asked by DWP the reason. Normally, it is because most of our staff are employed seasonally. However, if it is for other reasons I have occasionally had the former member of staff come to me and ask if I can tell DWP that it was the end of their contract so that they can get full benefit.

    Best wishes,
    Kevin.
  • RebekahMacd
    RebekahMacd Member Posts: 7
    edited 30. Nov -1, 00:00
    Not sure if this will help you get an understanding, but my law-student husband looked up the legislation on disability. Here's a link to the pertinent information:

    http://www.legislation.gov.uk/ukpga/1995/50/contents

    Hope it helps, and I hope it all turns out ok for you.
  • malcamy
    malcamy Member Posts: 7
    edited 30. Nov -1, 00:00
    Update...................

    i]Name deleted[/i (happy now to name them) are now saying that my weeks notice pay and holiday pay is at ssp rate not at full pay. what arses... they also have tried to say that i owe them money for taking too much holiday.. only had 50 hours in the 6 months i worked for them. they have said i was entitled to 116 hours but had taken 136 hours!!!!!!
    Have now taken legal advice.

    Malcolm

    We do sympathise, Malcolm, the name was removed because it contravenes our terms and conditions.
    Moderator EH

    Moderators are not obliged to answer any reply to this message or enter into discussion about the content of the message
  • Bookseverywhere
    Bookseverywhere Member Posts: 196
    edited 30. Nov -1, 00:00
    It is appalling that the company should be able to get away with this. Hope the legal advice you are taking means you get something from the company. Also, why not make a massive fuss in the press? Cause them as much embarrassment as possible.

    Best wishes,
    Kevin.
  • penfactor
    penfactor Member Posts: 416
    edited 30. Nov -1, 00:00
    Unfortunately, whatever the law states, in practice anything can happen & there is precious little most can do to change that. I had all kinds of helpful advice with my case but to no avail. The one big lesson we should all take away here is in Cameron's' so called 'big society', who is going to be checking that private & government companies do all they can & should to keep or employ people with disabilities & who if anyone is going to be making sure they do?
    Pennie x
  • green
    green Member Posts: 7
    edited 30. Nov -1, 00:00
    It's awful that this has happened. There is a lot of advice out there. However, at the end of the day you have to decide whether you would want to pursue a case through an Employment Tribunal, or to put it behind you and focus all your attention on finding a job that has good prospects and supportive understanding colleagues and bosses.

    I'm at a point also about considering how i manage myself: being able to do my job, etc. I am now coming to the conclusion that I need a better work life balance. Arthritis is painful, and drains me. I acknowledge that part way through the day I my face looks like a bag of spanners and i'm far from full of the joys of spring - but I doubt very much that I can go around work with a placard - I've arthritis and got very poor sleep quality last night and I'm completely drained'.

    That's enough of my rant.....

    Whatever you decide - Good Luck. Treat this time as a well earned break - and look towards a better brighter new year. :P
  • amboritic
    amboritic Member Posts: 66
    edited 30. Nov -1, 00:00
    Not sure if this will help you get an understanding, but my law-student husband looked up the legislation on disability. Here's a link to the pertinent information:

    http://www.legislation.gov.uk/ukpga/1995/50/contents

    Hope it helps, and I hope it all turns out ok for you.

    From what I have been told the DDA is being merged into the Equalities legislation, there are supposed to be some differences but the main stuff will stay similar I expect, though since my employer is happy to ignore the DDA when applying for a job for redeployment then you have to expect to have a fight on your hands to make sure you are treated fairly.

    Even my Union is keeping a low profile with my case. Though this might just be down to my Union Rep.

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