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Legal matters

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Job tribunal against school,

7 replies

lifeisrubbish123 · 04/02/2025 11:55

Please some advice I will bullet point to make Easier

  1. long term sick from March 2024-end if September 2024. In this period was issued 3 absence meetings. The employer stated someone would attend but never did so we have no witnesses.

  2. had 2 OH reports both deemed unfit was awaiting 3:

  3. school forced me back to work after end of sick note September without new OH report. Union advised then not to. But they did.

  4. I returned for 3 weeks in that time had OH which said I was not fit for my job role and to redeploy me.

  5. 24th October put me on paid medical leave until made decisions, 31st I fell down the stairs at home and tore my ATFal ligament in ankle: doctors have stressed this is more then likely because I was forced back to work before report and I didn't damage to myself.

  6. had a formal meeting November they have now stated won't pay me medical sick pay and forcing me onto SSP but have no entitlement left: union said no they chose medical suspension and they could redeploy they are choosing not to so I could have worked remotely with my ankle injury or done the office based job OH says.

  7. they said they would give a week to deploy union said no 3 months; they agreeed on a month. In that time a job came up I could have done but they wouldn't accept it:

  8. they never did our meeting in December to discuss this potential Jon and next steps like they told us in the formal hearing November. Sent me a letter before Christmas terminating my job.

  9. union have appealed because they forced me back, didn't put me on reduce and lift duties as they said they would, didn't acknowledge a new job opportunity, never contacted me to check in through my absences as per their policy and he believe we have a case for unfair dismissal and also disability thing.

  10. had appeal hearing today, the ceo of the academy was dismiss and quite frankly a ass, he has asked for evidence on this job and also agrees we should have had a meeting not just a letter termination job as would have opened up discussions.

Anyways waiting on his outcome, tbh I just want compensation, I claim pip and LCWRA so don't have to work, anyone have any success stories in going against a dchool? Also how long did it take, did they settle out of court. Lawyers believe we have a good case, also this time they had the ceo not just the Hr so we do feel they are stressed as they wanted the same HR lady to chair this appeal as the other meetings and my union rep doesn't feel it was wise the school sought legal advice and realised we were right.

I just want this done now, I want the payout and to just get over this

OP posts:
Viviennemary · 04/02/2025 12:06

So have you been off since last March except for the three weeks you went in. So are you claiming unfair dismissal. If so you might well be successful but it could take a long time unless they come up with an offer to settle your claim.

ComtesseDeSpair · 04/02/2025 12:46

If your solicitor thinks you have a case then take their advice about timescales and likely outcome. You’ve posted this several times now, always with the same responses, and every case is dependent on its individual merits, which only you and your solicitor are fully appraised of.

user243245346 · 04/02/2025 13:04

You need to listen to your solicitors advice as they have all the information. Ultimately though it's certainly possible to lawfully dismiss an employee who is off sick long term. Also an injury from falling down your own stairs is extremely unlikely to be considered work related.

You need to listen to tailored legal advice. From the information you have provided though it doesn't sound like a particularly valuable claim.

Bromptotoo · 04/02/2025 13:05

I think given how long you've been off and limited prospects of return they're probably witihn their rights to dismiss. Question though is whether they've followed the proper process and on what you say that looks doubtful.

What does the Union say you should do now?

lifeisrubbish123 · 04/02/2025 13:45

@Viviennemary yes correct. The dismiss mr December but the lawyers and union say he's feels it's unfair dismissal. And that they didn't follow things correctly:
I don even know a ball park figure if what compensation or anything as the union had asked me now tk think if this

OP posts:
user243245346 · 04/02/2025 14:54

lifeisrubbish123 · 04/02/2025 13:45

@Viviennemary yes correct. The dismiss mr December but the lawyers and union say he's feels it's unfair dismissal. And that they didn't follow things correctly:
I don even know a ball park figure if what compensation or anything as the union had asked me now tk think if this

A solicitor should be able to advise you of your likelihood of success and amount of any compensation. Employment tribunals do publish yearly summaries of awards- maybe a month or two salary.

user243245346 · 04/02/2025 14:54

Also be aware you only have three months to raise a claim

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