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

What did the December report from occ health say about your prognosis and the prospect of a return to work? What further medical evidence has there been since then?

Did OH comment on whether your injury amounts to a disability?

They can dismiss you for ill health absence in principle, it just depends on the circumstances which is why I am asking these questions. I am an employment lawyer.

They have said they have followed the absence procedures
Had meetings with HR an occupational health

Mctufty
Give me a little time I will get my report out
Thank you for taking the time to answer my questions

Thank you to everyone who's taken the time to reply xx

Are you a member of the support staff union (I can't remember the name of it)? If not acas is who you need to ring.

I'm sure it's worse than what you've said, but not going into work because of headaches doesn't sound good. Not meaning to be rude. I'm really sorry you're going through all this stress.

I've jus summed it up with headaches but yes it was much worse

Effected my day to day life so bad I could'nt get out of bed

I payed to see a neurologist an get an mri done as I thought something serious was happening inside me

No medicine has been working

An no u are not being rude
Appreciate ur input

What are your union saying?

Ther saying I can appeal but because we haven't got the full report back from the school.not sure what grounds they will appeal on

My union was really shocked that I got dismissed that day at the meeting

As I was ready to go back to work
There saying the school had already decided

Just really lost on what I can do
Would love my job back
I loved it there

Have you got legal insurance on your house insurance?

Worth giving them a call tomorrow if you have...

Could you look for something else? If they have followed the absence/sick process during the course of the year I doubt it is unfair dismissal. Did OH suggest adjustments or a phased return which was not followed through?

Could I mention I didn't even get a chance to prove that my attendance would not be affected

A check list of things I've thought of (apols if any repetitions from helpful advice above)

Have you kept a paper trail of everything your employer has sent to you?

• If they have followed their sickness absence policy correctly, they should have detailed all the written warning stages, plus Occ Health should have committed their assessments and interventions (meetings, telecons) in writing. Have you kept all your GP 'Fitnotes' covering your absence period.

If you can write a chronology of timescales, events and correspondence between you and them, it will be a significant file to hand a solicitor because it will help their assessment of your claim, and whether or not it's Unfair Dismissal.

You may also consider, if you decide to move things forward to a claim, investing (approx £70) in a GP report, written by your GP specific to your period of absence, tied to the event at work. They can pull dates and notes from your medical records for the past 8 months plus vouch for the fact that, before your workplace injury, you didn't have any history of headaches.

At the time, did you get them to record your injury in an accident book or similar? If you can cite the name of the Safety Officer who recorded the event, it adds weight to your case that the event was workplace, and it was officially recorded.

Are you in no doubt that they have now formally dismissed you OP. I mean do you have their written confirmation in a letter to confirm whatever they said verbally?

If so, and if as bunbunny has said, you have legal cover on your household insurance, then that legal cover should enable you to have a solicitor assess your claim, as you have an "event" to claim against ie potential unfair dismissal. They will need the above file and chronology of events, plus the evidence that your employers have dismissed you. They will need more than your employer's verbal dismissal, must be in writing.

If your employer becomes cagey and is reluctant to confirm in writing, then this may be a sign they are back-pedalling in their decision. Nothing you've said in your posts indicates a written confirmation.

As you clearly state you want to return, you enjoy your job, it is worth you pushing to retrieve the situation for them to reinstate you (or, if they haven't confirmed in writing, then they would probably set in motion a return to work schedule and in reality just distance themselves from their earlier verbal? assertion that you'd been dismissed). If, so, then happy days, if that's what you want.

They have said the report will be sent to me

Daisy chain
Thank you for all your suggestions
I will be taking notes from here when I appeal

Also I've changed my user name for personal reasons
Sorry if I've confused any

The school has provided me with all the paper evidence of every meeting with the school an my occupational health

Occupational health has pretty much said am still unwell an my condition is the same
They also said it could effect my attendance in the future
But my argument is that the school has decided from the report from occupational health from December
An they dismissed me in March

In that 2 half months I have seeked medical help an have gradually got better
I have reports from Docters to prove that
Maybe I could use that for my appeal

Do you think you were doing well at work (before the accident)? Just wondering if they're using this as an excuse to push you out. Keep on at your union!

I have been working there over 10 years
Never got a disciplinary
Never been pulled up on my work
Never had any issues

That's why am finding it really difficult to except

The reason for my long absence was due to an accident at work

I suffered over 10 months an at the end of it I lose my job too

OP - if the OH report says that you are not fit for work and that your future attendance is likely to be affected this makes it harder to argue the decision to dismiss you was unreasonable (which it needs to be to be an unfair dismissal). They need to look at whether you will give regular and effective service in the future and the report suggests you won’t.

Based on what I know, your best grounds of appeal might be:

The medical evidence is out of date and updated evidence shows you are fit for work

They have not considered if you are disabled and therefore potentially entitled to adjustments

That as they caused your injury (they deny this so you may wish to simply say accident was at work) they ought to go the extra mile before deciding to dismiss you.

Check the timescales for you putting in an appeal.

Good luck

Mctuffy
Thank you for taking the time to look into this for me really appreciate it

I will get lettters from gp an my chiropractor
Who has definite evidence that my health is improving

I was thinking they might put me on a probation or warn me if my attendance doesn't approve then they will have to dismiss me
I wasn't even given that chance

In the occupational health reports; did they make suggestions for things you could do? Like attending a few hours a day; seeing how you go? Or working in a darker room? Anything at all?

Im sorry this has happened

My day job is representing union members.

I'm surprised that your employer based the decision on OH advice from December and didn't get further advice before you had the meeting in March.

What did your union rep argue at the meeting?

On the basis of what you've told us it does sound like you may have a case for unfair dismissal however you should get legal advice via your trade union - do that now before your appeal as there are time limits on taking cases to employment tribunal.

I agree with McTufty about the potential grounds for appeal.

Good luck.

OP do you have a hard / soft copy of your employer's' sickness policy and what they state contractually that they will cover? Have you been paid correctly during your absence according to your contract of employment?

Would be worth checking your payslips - it is quite common for an employer to pay 6 months full pay and 6 months half pay or some similar scale down after a period of time. The key thing is, have you exhausted your statutory and contractual amount of SSP / employer sickness pay. Have they stated they are stopping your pay (already? On xyz date?)