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Unfair dismissal at work

(81 Posts)
Kbegum Fri 09-Mar-18 17:48:57

Hi everybody
I am in a very difficult situation.if anyone could help me I would be really great full.
I lost my job yesterday.after working 10 years as a teaching assistant
The reason for losing my job is just under a year ago I had a injury at work which has left me not being able to work.
The reason for my dismissal is because of my bad health an poor attendance.
What I need advise on is, is this an unfair dismissal
I have gone privately to see Docters so I can get better an return to work.i have no choice I have to work.
I was not expecting a dismissal at all
I went to my meeting with a fit for work certificate but they wasn’t interested
I feel like they made up the desition
They didn’t care y I had to take the time off

wheresmyphone Fri 09-Mar-18 17:58:15

Phone your local Citizens Advice on Monday. They will be able to advise you.

Alabama3 Fri 09-Mar-18 17:59:10

can you phone acas?

MyBrilliantDisguise Fri 09-Mar-18 18:00:25

Hang on, your injury was caused at work? Was it the school's fault that you had the accident?

Lovesagin Fri 09-Mar-18 18:02:12

As long as they have followed a fair process and abided by contractual obligations in that respect they can dismiss you on the grounds of capability.

You need to check your contract to see if they followed the correct process and speak to acas, although I find their advice hit and miss sometimes.

Tottyandmarchpane1 Fri 09-Mar-18 18:04:22

Have you been off for a year - I am not clear? You can be dismissed if you have been off persistently and for a long time and have not been able to do the job. They can’t keep covering endlessly. Is it the first time they have spoken to you about it and did you come in with a fit to work note which means you can now come back permanently and without being off sick due to your injury? Employers are supposed to make accommodations but it’s hard to say without knowing more. I’d take some legal advice if I were you.

Maidupmum Fri 09-Mar-18 18:07:41

It's called I'll-health capability and unfortunately, it's happening more regularly in schools now because of budget pressures.
If you have been injured in school then you should have had 200 days on full sick pay. If you can't return at the end of that, the school-advises by their HR people really do have to terminate your employment because of the impact that your lack of attendance has on the children.
It's not unfair as long as they've followed their own policy when dealing with it.

Kbegum Fri 09-Mar-18 18:17:13

Yes the injury happened at work. I have managed to get myself well by seeking medical help privately
I was told my contract could be terminated if i carry on like this
But when I went to my last meeting at work which was a contractual review meeting I was dismissed
I was expecting a return to work maybe on a probation not lose my job

Kbegum Fri 09-Mar-18 18:18:39

I have been signed off by Docters since the injury which happened last April 2017

Lovesagin Fri 09-Mar-18 18:19:23

If they haven't discussed any reasonable adjustments just gone straight in with dismissal then that would be very wrong.

Did you put in a claim for the injury against the school?

Kbegum Fri 09-Mar-18 18:22:56

They didn't suggest any adjustments at the last meeting where I was dissmissed.
They mentioned it at my other attendance meetings
But then I wasn't fit for work

Kbegum Fri 09-Mar-18 18:23:33

So didn't really agree to it

flowery Fri 09-Mar-18 20:09:35

So you have been off for nearly a year but are now fit for work but they have dismissed you rather than let you back?

It wouldn’t be unfair to dismiss someone who’d been off that long if there was no realistic chance of them returning any time soon, or of any adjustments being possible.

But dismissing someone who is fit for work in those circumstances isn’t fair. Are you in the union OP?

Kbegum Fri 09-Mar-18 20:20:47

Yes I am
What would u advise the best root to take now

Really upset as I've been there over 10years an never been pulled up about my attendance

onlyonaTuesday Fri 09-Mar-18 20:30:57

Had you been referred to occupational health op?
Are you employed by the school or local authority?

Kbegum Fri 09-Mar-18 20:35:35

Yes I've been to occupational health twice

Kbegum Fri 09-Mar-18 20:35:57

Employed by local authorities

McTufty Fri 09-Mar-18 20:39:08

What have occupational health said about your return to work?

GlitterGlue Fri 09-Mar-18 20:39:25

Have you posted about this before?

Kbegum Fri 09-Mar-18 20:48:38

Last occupational health was in December
Wasn't still fit for work
But I informed them am going privately to seek help as my health was getting any better

Kbegum Fri 09-Mar-18 20:49:06

No I accidentally posted it on someone else post yesterday

PeterPiperPickedSeaShells Fri 09-Mar-18 20:53:58

I very much doubt that a local authority will have terminated your contract without following their capability or sickness & absence management policies. What happened at each of these stages?

Kbegum Fri 09-Mar-18 20:59:34

At every meeting they discussed my health
Talked about coming in to work to see how I feel
But as I mentioned before I wasn't well enough at the time to agree to any of that

onlyonaTuesday Fri 09-Mar-18 20:59:47

They will of followed it to the letter.
Have you put a claim in for your accident?

TuftedLadyGrotto Fri 09-Mar-18 21:04:46

Have they followed their sickness absence monitoring policy? You should have the right to appeal at dismissal. Are you in a union?

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