Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

Unfair dismissal at work

80 replies

Kbegum · 09/03/2018 17:48

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

OP posts:
Cupcakes12 · 10/03/2018 17:40

Regarding my pay
From November 2017. My half pay started
I believe i have been payed correctly

OH never made any suggestion about adjustments at work

It was mentioned at my attendance meetings
About phases return an shadowing other colleagues
But at that time my health wasn't at a good stage to even think about it

My union rep on the day off my meeting jus mentioned
I have been a member of staff there for 10 years
The injury happened at work. This is the reason for the long absence

Cupcakes12 · 10/03/2018 17:43

Soupmaker am daisy chain thank you for ur replies
Feeling more positive about the appeal now

Cupcakes12 · 10/03/2018 22:26

Any other advise I can have for my appeal
Really need this job back
I have 3 kids
Really stressing out
Anyone know what I can do to get by financially now?

soupmaker · 10/03/2018 23:05

Nothing else to add Cupcakes except make sure you're organised and have notes of the key points that need to be made at the appeal meeting. Your rep should help you with this.

Check what support you can get from your union in terms of welfare and financial advise.

Check your employers policies via your rep but you should be paid your notice and you may also be due a payment for accrued holidays.

Cupcakes12 · 10/03/2018 23:35

Thanks soupmaker

Jus read from my occupational health report
It mentioned with the correct treatment I should be able to work soon
An I have prove that I seeked medical help

Cupcakes12 · 10/03/2018 23:37

There jus being clever here
They've used my medical notes from December
An it march now
My health has improved a lot
Well I was ready to go back when I got dismissed
But my boss had other plans
She already made her mind up

onlyonaTuesday · 10/03/2018 23:46

Op I worked for a LA for a long time.
I've never known anyone who has put a claim in for a accident to keep their job.
Also they will argue you are just going back as you would only be getting Ssp soon.
I'm not saying any of this is right, I'm just saying beware of tactics off them!

Cupcakes12 · 11/03/2018 00:03

Onlyonatuesday

I put the claim in before I was dismissed

An I waited for the meeting to let them know am fit for work

I was gradually getting better from January

Cupcakes12 · 11/03/2018 00:05

Onlyonatuesday
Thanks for your advise
U are right they will do anything to keep there word

SealSong · 11/03/2018 00:13

Seriously, you need to speak to an employment solicitor/lawyer FAST. Check all your house insurance, bank cards etc to see if any of them cover you for legal costs, some do as an 'extra'. If I were you I would be suing for the injury at work, and looking into the wrongful dismissal aspect also. Get legal advice, don't rely on the union.

Cupcakes12 · 11/03/2018 00:21

Sealsong

Union haven't really helped at all
The rep I was given didn't speak out for me at all
With claiming compensation for injury
I don't really have a strong case as what happened was a accident
Something the school wouldn't have known it could happen
Apparently it a spontaneous act

Am jus really unlucky

TittyGolightly · 11/03/2018 13:20

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

TittyGolightly · 11/03/2018 13:20

This reply has been deleted

Message withdrawn at poster's request.

MsMarvel · 11/03/2018 13:30

Tittygolightly not sure what that thread from 2010 has to do with this?

TittyGolightly · 11/03/2018 13:33

Sorry. Wrong thread.

MichaelBendfaster · 11/03/2018 13:39

I'm not sure the solicitor's advice about it being an accident and no witnesses is the best.

I'd approach another one. Don't bother with your union; they sound rubbish.

notapizzaeater · 11/03/2018 13:51

Can you speak to another solicitor to get a second opinion ? What was it that hit you ?

Cupcakes12 · 11/03/2018 13:59

Yeah am not too happy with the solicitor
It's the free one the union provide
Will look into my own one

If anyone has any recommendations for injury at work solitaire
Please feel free to share

Cupcakes12 · 11/03/2018 14:00

I was hit by a students shoe
They were in the fifth floor
I was at the second along down the stairs

daisychain01 · 11/03/2018 16:01

If there is no doubt that the student "spontaneously" threw their shoe from the 5th floor and that it hit you that day, then your argument is that it was an accident, it happened, however there has been no recognition by the organisation about the repercussions on you personally. It has massively impacted your health and you've suffered a loss of livelihood.

Was any action taken to discipline the student either at the time or afterwards when you had to be signed off with headaches?. Do you know the identify of the student who did it? Not suggesting full on retribution, but you should be bringing the situation into a sense of reality, in terms of what happened and how it has affected your life. Plus the fact, you have now got your health problem under control and would like to work with them to arrange a phased return.

Could you write a suscinct account of the above, and send it to HR.

I think so much detail over a long period of time has subsumed the key issue, which you could summarise. Ask the direct question in writing, based on the facts presented, would they reconsider and let you return to work.

If there is no movement by them, then at least get them to provide a good reference due to your hitherto unblemished work history with them. And move forward. I'm sure there is a strong demand for TAs atm.

seven201 · 11/03/2018 16:12

Just checking, you're in contact with you union head office or local area rep, not just the one from school?

Cupcakes12 · 11/03/2018 18:01

Yes am in contact with the head office

user1487194234 · 11/03/2018 19:38

You need a very good employment solicitor
You need to be prepared to pay appropriately
You have effectively got one chance
Don’t scrimp

Cupcakes12 · 12/03/2018 21:35

Thank you everyone for your help xx

TuftedLadyGrotto · 12/03/2018 21:51

If you go to a solicitor then your union will withdraw any support. They nearly all have rules about third party advice.

Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.