edited 4. Feb 2011, 05:54 in Benefits and Working Matters archive
If a company was to dismiss you on incapability then what is the time scale normally if you go from stage I through to 3 and then the bums rush?, I only ask as the nice happy caring lady who runs my HR unit has stated that’s what she wants to do with my hide, now here’s the rub, the place I work is going to close in 15 months or so and I was wondering what they do to me in that time?, the union has said if it goes to level 2 the area convener will be brought in and from what I have seen of them they are switched of big time so if it came to a fist fight how long would it take?, and if I was fired how much does it cost a company in legal costs if it then went to industrial tribunal???
caterina57 Member Posts: 1,424Hi Mell
Don't know the answers you are looking for but, will keep my eye on this post as I feel that this is what my employers are likely to do with me.
Hope you are ok
Hi Cath I'm OK I guess just wondered what the time line is, it seems mad to try and get me out if it's so close to shutting but then logic was never the ice queens biggest strength, mind you it's never stopped her in the past either, I surpose being human at least they can't shoot us but they can effectivly kill you by neglect if ya catch me drift!?.0
Was it something I said!?, most of my questions don't get any answers these days not sure why?, maybe I smell bad!?, cyber smell that's it a whole new illness and yep I'm the one who get's is first typical!0
Hi Del yeah your spot on I think it's not going to be straight away, the evil ice queen in HR is like a heat seeking missile once she's locked on it bye bye yo ****!, thing is it's closing soon ie 15 months but my problem has been going on for nearly 3 years now,they are playing ping pong with me,it's like pass the parcel in an Irish pub as the joke goes, I think really it's a Mexican stand off and it will be like that until the end, one other thing though I have it on good authority my line manager wants an diciplinary on his company CV and wants to use me to get it. Lets see anyway I'm past caring they seem to have given up on me so I have given up on them.0
traluvie Member Posts: 2,579I think it's down to the company policy on there timescale..
I am currently on long term sick, have been off since september, i am due to have my second meeting as such which is with the big boss, the 3 rd meeting is the one with the big big boss adn thats when they make the decision.. I think they try to deal with it within 12 months.. but thats the nhs.. i believe everyone is different.. if you speak to your union rep he should be on the case sorting everything out for you..
Keep us posted on how you get on..
katknapp Member Posts: 709Hi melman,
I have just had my 3rd meeting ,i have been off work since june,i do suspect that my manager has been slack, so i should imagine that the meeting should have taken place in november,i had been told that i then had 6 weeks to give them a return to work date or they would then start plans for a 4th meeting which would result in dismissal,Really not sure of the time scale between each as i said my manager has been pretty lazy which is good from my point lol i should think its about 6 weeks between each?hope that made sense i do tend to garble
maria09 Member Posts: 1,905Hi Mellman
I cant answer your questions
Have you thought about contacting the disability law society its somewhere on this site not sure where maybe they can help
Im still fighting my own little battle with HR but now have it in writing thanks to the new nurse in occ health that Im covered by the Equality act 2010 so HR are falling over themselves to help now
@ get you down
mariefab Member Posts: 21How long it takes to dismiss an employee on capability grounds really depends on the Company's own procedures, but it would be pretty difficult for any employer to achieve it in less than 3 months.
One way of dragging out the process is to ask; Has the employer considered any 'reasonable adjustments' that would enable you to keep your job?
Some examples are...
Altering working hours.
Giving some duties to another employee.
Transferring to a different role.
Acquiring equipment or altering existing equipment in the workplace.
...but any other reasonable steps you can think of that would make it possible for you to return to work should be considered.
Although the extent to which any adjustments would be disruptive, costly and practical would need to be taken into account.
If they wish to avoid an Employment Tribunal claim they ought to do this when dealing with an employee with a disability because failure to consider reasonable adjustments is a tribunal claim in it's own right.
As for the employer's potential legal costs; it really depends on each individual case. An average would be £5000/£7000, but I've known cases to cost as little as £0 (because the Company has insurance to cover this expense) and as much as £92000. So, it's another 'how long is a piece of string' situation.0
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