Work and legal court

[lifeisrubbish123]

Please help. Need some advice.
Signed off march.
Was forced to go back to work 30th September when sick note run out whilst awaiting OH report. Union advised against it but work told me I would be sacked if I didn’t, so returned on the 30th Septembers on supposed light duties; had OH following week who advised my work I shouldn’t be working in the kitchen due to meds and being q risk and that I should be redeployed to office based.

So they put me on paid medical suspension whilst they evaluated. They put me on medical
Suspension 27th October. 31st October I fell and tore my ATFL ligament in ankle.

13th November I had a work meeting to basically say they would look to redeploy if not sack me, they would give it a week. Union argued and got a month out of them provisionally although he asked for 3 months.
In the nneetinf they also said I had to go on SSP because I hurt my ankle so wouldn’t have return to work. 1) yes I would have with the boot as was meant to be light duties but they said I wasn’t ever allowed to work kitchen again. 2) they put me on paid medical leave before I hurt it:

Anyways no jobs came up, they asked for times for us to attend a meeting today; they never confirmed and instead I got a letter terminating my contract.

So Union have flown off the handle. Likem
Doctor said I probably wouldn’t have hurt my ankle if they hadn’t forced me back into a job I was told by OH I am not fit for.

Below is what he wrote and sent…
“””Failure to make reasonable adjustments upon my return to work.
Failing to ensure the work environment was safe prior to and upon my return to work.
I have suffered less favourable treatment and discrimination which caused my medical suspension from work following a pre-mature return to work despite efforts from my union representative to seek a two week extension.
Failing to make reasonable efforts to redeploy me and to consider this redeployment for a period longer than 1 month given the nature of the education sector.
Failing to consider me for a job that I have seen today advertised on 9 December 2024 as a Learning Coach. I do not believe reasonable efforts to redeploy me were considered.
I have been fit for duties and was medically suspended from work, I have not provided Fit Notes on the basis that nothing had changed and on advice from my union official. I therefore believe I am entitled to full pay in relation to this.

I believe ultimately that I have been poorly treated at work and reasonable adjustments were not put in place to support me which led to an accident that I attribute to that discrimination at work.”””

So now I have no job, fighting with the union against the school.

So my questions are

1. did anyone else go through something similar and win:

2. my partner basically doesn’t want me to go legal as he doesn’t want anyone knowing I am
   Trying to sue the school so he basically is saying stuff to scare me. So can they now follow me fo see what I am doing. Will work contact my family etc? Will they make it public in newspaper and then pip reassess me? He believes because I take the kids out for the day it will go against me.

3. can I try to find a new job whilst this is going through court?

I am tbh stressed and tired of it all and it’s now the principle.

Have you looked into what it would cost to continue the fight, and do you have the funds to do so?
I can understand fighting for principles, but it could get costly quickly.

It is highly unlikely they would follow you. Doing so would be risky for them as it could breach GDPR or be classed as harassment. Any evidence they got this way would be of little or no value as the question is not whether you are fit for work now. It is whether you were fit for work when you were still employed by them.

It is even more unlikely they would contact your family. That would almost certainly be harassment and again would be of little or no relevance.

The case may be reported in the papers if it gets to court, but it is highly unlikely your ex-employer would go to the press. Revealing information about you would probably be a breach of GDPR. If they revealed any medical information, that would be a serious breach and could be very costly for them.

Taking the kids out for the day will not go against you. It does not prove that you are fit for work now, still less that you were fit for work when they fired you.

Not only can you try to find a new job, you must do so. You are expected to minimise your losses by finding suitable new employment.

If your union is providing representation or you have legal cover through your home insurance, you don't need to worry about the cost. Alternatively, there are solicitors who will work on a no win, no fee basis if you are unhappy with representing yourself. Go for it.

I seem to remember that you posted before. You went back to work against advice, and your role is such that redeployment is not really feasible. Did you apply for the Learning Coach role? You can find another job, it is unlikely to go public unless you choose to or it goes to tribunal. Did you take advice from ACAS?

@prh47bridge thank you.

I have a job lined up, ao will now start the process for this's

Unison have said they pay all the costs as it's part of my membership. It's now the principle

@LIZS yes ACAS has said we can file a claim,

I was forced to go back against unions advice which we have in writing.
I went
To apply for the post but as I was in process of
Contacting etc I recieved the letter in the post I was sacked.

Failing to consider me for a job that I have seen today advertised on 9 December 2024 as a Learning Coach.

I don't think they had to as it was not a redundancy situation. What were the reasons for dismissal?

Do you have the skills and qualifications required to be redeployed to one of those other roles though? If you won't be out of pocket as the union cover the costs I'd just go for it. I very much doubt they'd have you followed and I'm sure it couldn't be used against you as that time frame has now passed.

@LIZS
I was dismissed because if
The medication I couldn't safely work in the kitchen, they put me in a redeployment pool for a month but union said should have been 3. I was dismissed bwvquse they wouldn't redeploy xx