Unfair dismissal at work

[Kbegum]

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]

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

[Alabama3]

can you phone acas?

[MyBrilliantDisguise]

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

[Lovesagin]

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]

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]

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]

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]

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

[Lovesagin]

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]

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]

So didn't really agree to it

[flowery]

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]

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]

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

[Kbegum]

Yes I've been to occupational health twice

[Kbegum]

Employed by local authorities

[McTufty]

What have occupational health said about your return to work?

[GlitterGlue]

Have you posted about this before?

[Kbegum]

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]

No I accidentally posted it on someone else post yesterday

[PeterPiperPickedSeaShells]

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]

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]

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

[TuftedLadyGrotto]

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

[Kbegum]

Yes but it's not looking to good as the solicitors are saying it's an accident an there was no witness

I was hit with an item on my head from the 5th floor
I was on the second floor
Suffered from concussion an now have ongoing headaches
Which are very painful
Been seeing a chiropractor which pretty much said the headaches are due to the incident

But am jus gutted I didn't get a chance to go back to work to prove an fit an well again

Just really unfair as it happened in there property an that I've suffered 10 months an now lost my job