HR

[NameChange101113]

I was given a letter to attend Stage 3 meeting regarding absences due to my disabilities, where it stated I could potentially be dismissed. I asked the HR officer if I should resign, since I’d probably end up being dismissed anyway.

She re-assured me that I wouldn’t be dismissed because if the employer wanted to dismiss me, he’d call me “into his office and do it that way.”

Long story short, I ended up being dismissed. I feel so stupid for believing the HR officer. I feel so wronged that she told me I wouldn’t be dismissed, then ended up having my contract terminated immediately.

Do I have any grounds to attend a tribunal for that issue with HR? I’ve already decided that I’m going to make a tribunal claim for disability discrimination anyway (for other reasons that I haven’t mentioned).

I had worked there for 3 years btw.

Wow!
Are they using an old Bradford style scoring for sickness?

Contact ACAS and start the ET process; you might find that they agree a settlement with you. If they haven't spoken to you about implementing any reasonable adjustments you may have a case.

I don't understand why they took you to stage 3 when stage 1 was 2 years ago?! Do you have letters from then confirming how long the capability warning would remain on your file?

Yes, I had an occ health report done in Summer 2023.

I had time off (not sure the amount of days), but it was less than a week due to symptoms relating to my disabilities (March 23).

I was hospitalised for two days (Nov 23) due to a different disability, which they used as a strike towards Stage 3.

Then a further two days in April 24 due to symptoms relating to my disabilities.

I don’t know how they score for sickness absences, that isn’t mentioned in the policy as far as I can see.

We have a rolling 2year period for sick
you were off in march 23 oct 23 and April 24

you’ve had 3 periods of sickness in 13 months
so stage 3 would be appropriate

dismissal in never about questioning the validity of the sickness it’s about the effect on the business and can it sustain such a level of sickness

you say your in a union they should be able to get a copy of your work policy on sick make sure process followed and appeal if necessary

I can’t find any letters about my Stage 1 meeting… I’ll make an SAR request for that!

Thanks op. Did the report confirm in their opinion you have a disability?

Not doubting you at all, I'm just wondering if your employer has acted based off information they could reasonably rely on.

Even then it all seems quite heavy handed on the face of it. Are they a bit of a shit employer anyway? Form for this type of thing?

The trigger point for a stage 2 formal review for an employee on a stage 1 formal review period is:

3 further days' sickness absence in a rolling period of 12 months; or
2 further instances of sickness absence in a rolling period of 12 months.

The trigger point for a stage 3 final formal review for an employee on a stage 2 formal review period is:
3 further days' sickness absence in a rolling period of 12 months; or
2 further instances of sickness absence in a rolling period of 12 months.

My report says “xxx informs me she was diagnosed with x and x in Winter 22.”

Not that I’m aware of!

They did dismiss a colleague about a week after my dismissal. She was on probation. I’m not sure what happened there, though!

Did you ask for the meeting to be rescheduled due to your chosen companion (the union rep) not being available? I wouldn't have just gone to having an alternative companion if a rep wold be available with more notice.

The legal guidance is if the companion is not available on the date set for the hearing, the worker is able to request the hearing is rescheduled in order for their companion to attend. The alternative date should be suggested by employee and should be within 5 working days of the original hearing date. If it is, then the employer must agree to reschedule.

Most places I've worked were heavily unionised so we'd allow slightly longer than 5 days if asked.

I see you've already appealed so too late to do so now but it would add (some) weight to any tribunal claim and might help pointing this out if you propose a settlement to avoid a claim.

No, I didn’t ask for it to be rescheduled. HR re-assured me that I wouldn’t be dismissed at all, and the meeting was just a formality.

I believed her. In hindsight, I shouldn’t have taken her word for it. I feel so stupid about it now, but I consider it a lesson learnt.

Thank you all for your advice btw.

I’m adding any helpful points to my notes in order to prepare for my tribunal case etc. Any other suggestions are much appreciated

The sickness policy sounds quite punitive.
Im guessing this is the private sector?

If its rolling 12m surely the one from march 23 has dropped off?

I’m assuming you were given a 12 month second stage capability warning in October 2023 which was the reason for the third stage. In terms of the HR officer, I think it’s probably likely she didn’t think dismissal was going to happen and the matter may have been taken out of her hands, which often happens (and of course she’s not actually the decision maker). It demonstrates her inexperience as she shouldn’t have said this to you or pre empted any outcome of the meeting.
I assume she was thinking that the employer would probably have a protected conversation with you instead of dismissing you for capability as it’s always risky especially in these circumstances. You could mention what she said as part of your tribunal claim, but given the letter you were given noted that you could be dismissed it would be your word against hers in terms of that conversation. It would actually be better if she HAD told you you’d be dismissed as you could say she the outcome was pre-empted and she was clearly a decision maker when case law says she should be an advisor.
Sorry this happened.

This sickness policy seems very strict and discriminative tbh.
I'd challenge that on the basis of your disability but in my opinion I think you are better off working for a different company anyway.
In the NHS you get 3 absences in 6 months (all up to 7 days self cert) or 4 in 12 if you breach that you get an informal discussion about it. That's stage one.

Yes, it’s the private sector.

The Stage 1 meeting was due to absences in Winter 2022 and Spring 2023, again, disability related. It was a while back, so I’m struggling to understand how it hasn’t lapsed etc.

Shouldn’t the Stage 1 have been lapsed as my first absence was in Winter 2022? Seems harsh to penalise me for that during my Stage 3 meeting, which was in April 24…

I even asked my employer if they would make amendments to the sickness policy (twice) to account for people needing time off due to disability absences. I even asked for it as a reasonable adjustment for me. He said no. Thankfully, I have proof of this too.

I am job hunting. I really want to work in the public sector, based on my experience within the private sector.

I would not go back, even if they offered. I feel so wronged and unfairly treated. The appeal process was also held by a client, essentially. It seems incredibly biased

I assume they’ve mentioned the previous absences in 2022 as they fed into the stage 1 warning, which became the stage 2 warning when more absences occurred, which ultimately ended up in your dismissal so it’s all the same process that has escalated and they’ve probably gone over it all for that reason. The things you’ve said about reasonable adjustments not being made are concerning, it will come down to what an ET thinks is “reasonable” for the business to accommodate. Hope it goes well for you.

That makes sense, thank you!

I also hope it goes well for you.
I supported someone through a poorly managed interview & recruitment selection process recently. The person consulted ACAS & the union & was told the process hadn't followed good practice guidance but essentially there would be no recriminations for the employer.