In shock - I’ve just been sacked

[Zofloramummy]

I’m a single mum with a mortgage. I’ve worked in the NHS for 21 years. I’ve had a really shitty few years, left an abusive relationship, struggles with my mental health and had an accident resulting in several fractures.

I have had three absences since my return from long term sickness (flu, D&V, and a horrendous reaction to antibiotics).
I went to the third formal sickness interview today and I’ve had my contract terminated.

I’m in shock I think. They’ve applied the policy to the letter so I doubt there are grounds for appeal. After years of service and being burnt out by the demands of the job I’ve been sacked.

Not sure why I’m posting I think I just need to hear some positive stories of people who have come out of the other side of this. I don’t think I want to work in the NHS any longer. I’m trying to see this as an opportunity. But I’m scared too. Not sure if relationships is the right place to post, but any advice would be great.

They could be a scanned copy of hand written notes or a template discussion document. The full reasons for the decision to dismiss should be in the dismissal letter.

Some trusts audio record meetings, some have note takers. There’s no law says that formal notes have to be produced.

All it says is
“From the detailed discussions we have had and given the support offered (reduced hours) together with the advice from the Occupational Health Department it appears unlikely that you will be able to sustain your contract of employment and you did not provide us with any reassurance of this.”

I said that I was in a much better place than I had been 12 months ago. That I had sought support externally and accessed services. But I also said that no one can guarantee that they won’t either catch an infectious bug or get run over by a bus. It is impossible to guarantee a variable. But I did state that I was stronger mentally and had been taking more care of my physical health.

I'm so sorry you're facing this op 🌸

Try not to panic. Steadily progress forward and you'll get there, I'm sure of it.

Please do not consder teaching. Teaching is extremely stressful and has very negative work/life balance. Most NQTs work 60+ hours a week. Early years is no less stressful than other years. Schools are now must stricter with absence and very quickly follow policies to make sure staff with poor attendance do not stay. In my last year as a Deputy Head we lost 3 teaching staff through compromise deals because of absence and anumber of other staff- teaching and support were at various stages of absence management plans with HR involved.
Children in schools deserve continuity and consistency in staff and it is not helpful to them to have staff who are regularly absent.

The job I was looking at was 30hrs a week which is achievable for me. I know my own limitations and although I appreciate that education is also stressful this post is as a one to one support for a child with additional needs. It fits into my skill set and as my general health has been improving (despite my recent dismissal) I feel that I would be able to meet the demands of the position.

How's it going Zoflora?

Hi, not so bad thanks! I’ve bought a cheap run around today and had my meeting at careers Wales.

I was really pleased I went as I have no idea how to write a CV after all these years!

So my plan for the rest of the week is to finish my CV and get applying for jobs. I’ve been looking daily and made a few phone calls to recruitment agencies.

I’m feeling ok but it’s less than two weeks so it just feels like I’m on holiday at the minute.

You’re in Wales? You should have said.

Any thoughts about appealing?

Glad things are going well. I really hope this is the making of you.

My comment related to the post you made about possibly doing a teaching qualification and going into early years teaching.

Special Support Assistant posts, working with children with special educational needs can be very stressful also and very hard work and the strict absence management still applies to support staff. Those children, even more than others, really rely on consistency of the member of staff employed for them. Just so you are aware.

I've just read your thread and wanted to offer some more support. You have been incredibly unlucky. This feels deeply unfair, for someone who is trying very hard to change the stresses in their life and from what you have said, has done a bloody good job, for a few bouts of unavoidable illness to knock you down. Have you decided if you're going to take this further?

I just wanted to add something - food for thought. I have a friend who was sacked for gross misconduct. In my opinion (ex-HR) the company were acting poorly. She had done something in good faith (following the company precedence, also dictated by her manager, but not the formal company procedure). The something she did her manager asked her to do. The company then cited gross misconduct and the person doing the investigation was her manager - huge conflict of interest. She had worked there YEARS and was on very good standing but she costed them too much and they needed to cut costs so this was their solution. I helped support her with letters and understanding things as she tried to fight it, in the end she was formally sacked. At first she thought she would take them to court but when she realised what it entailed she decided her mental health was most important and focused on finding something else. She has a disability which meant this would be tricky. Nonetheless she found a job within a few weeks of loosing her old job. She absolutely loves that job now and every time I speak to her she tells me how refreshing it is and how she didn't realise the old job was bringing her down so much.

Imo you are still in the shock and panic stage, simply because until you find another job you're going to be worried about what the future holds. You WILL come out of the other side of this. You WILL find another job. You may even one day wish this has happened sooner.

You're doing so well and have achieved a lot in a short space of time. Keep up the good work OP.

Call ACAS first!! From my understanding, you will struggle to take them to a tribunal without obtaining a certificate number from ACAS (I'm not 100% sure whether this differs in your case due to being fired). Call the helpline, they can't tell you what to do, but they can talk you through all your options.

Also, if you have a mortgage it is likely you will have some sort of legal expenses cover that will cover the cost of a solicitor should you need one. You may find that they have their own panel solicitor they will want you to use, but if you go no win no fee they usually take around 35% of whatever you are awarded.

Hope everything works out for you OP! Much love x

baby

The OP would have to exhaust the employer’s appeal process before trying for conciliation via ACAS, and only after that would she be able to lodge a Tribunal claim. There’s a strict 3 month limit to get the claim in, so the OP will have to move quickly with her appeal if that’s where she wants to head.

And it’s home insurance that offers an option of legal cover, not mortgages.

@TittyGolightly apologies, I was just pointing out that if OP has a mortgage, it is likely that she will have legal expense cover. I should have also pointed out this would be within an insurance policy.

Also, the ACAS helpline will talk through all the available options whether you have started a grievance with your employer/ex-employer or not. I haven't at any point said I am an expert in the area of HR, was just trying to offer some support to the OP!

@TittyGolightly and just for the record, it's 3 months minus one day to file with ACAS.

Well my ex employers have decided that the early termination fee for my lease car will be coming out of my payment in lieu of notice. Despite a policy stating that in termination of contract through ill health the cost is borne by the employer.
It is only in disciplinary (gross misconduct) cases that the employee bears the cost.
My termination letter clearly states that my contract was terminated in accordance with the sickness policy.
Every fucker seems to be on holiday and they didn’t even tell me. The lease car company did.

@Zofloramummy

Get on the phone to ACAS and see where you stand. I really don't think this should be happening!

Sending hugs xx

Thanks on the phone now

Well I have enough evidence for a grievance. So I need to write a letter stating I have a grievance and why as they are contradicting their own policy.
In terms of unfair dismissal I can also add that on with my concerns as to why without going to appeal (as I wouldn’t work for them again in this lifetime).
ACAS were helpful but can’t get directly involved until informal pathways have been explored and then they would offer mediation.
God knows how I’m going to afford a solicitor if needed in the future.

Are you in a Union Zoflora? They may be able to help you with the grievance procedure

No I’m not. Rather stupidly I stopped paying when money was really tight.

Zoflora, if you stopped paying within the last three months you might still be covered if you start paying again, this happened to me with unison, even after I'd been dismissed.
you might be RCN? Might be different but worth asking them.

No it’s unison and it’s been longer than three months. I paid over £20 a month because it was combined with a professional subscription. My ex basically went mad about me wasting money (but his abusive behaviour is a whole different thread!). He was out of work and I cancelled it as money was incredibly tight.
My own fault.

That's awful.