Hi everyone Can anyone help, I am currently in a job four days a week, the Thursday before Bank Holiday weekend just before I left for the day I was given a letter from my boss asking me to attend a "capability meeting"the Tuesday after Bank Holiday,(had a great weekend of worry).anyway I have been set what I believe are unreasonable sales targets(I did say at the meeting I thought they were unreasonable) but they had been set anyway, I have been given a month to achieve these, and another meeting has been set just 1 week before my last appointment with my consultant to give me my final diagnose. I am sure they want to get ridge of me, and as they can’t afford to make me redundant, and they don’t want to be seen as going against the disability laws, this is the only way to fire me. Has anyone got any ideas or advice, anything would be greatly appreciated. Thanks Deborah
How very stressful for you. I had a friend in similar circumstances. She contacted ACAS and they were extremely helpful and pointed out that correct procedures had not been followed and she in fact was reinstated. You do not have to be a member of a union and they appear to be very professional and knowledgeable. Citizens Advice also are good on employment issues and of course you could always phone the MS helpline. I do hope you can get it sorted and in the meantime try not to get upset although I know it is far easier said than done.
Hi, not sure how it works but there is something called constructed dismissal which this sounds a bit like. Are you a member of a union, or speak to cab, also I found calling the ms helpline, they have lots of information on employment laws. Hope it all goes ok. Its rotten when you’re having a tough time with ms diagnosis and that worry that others make life harder for you. Best of luck, Lynn
Thanks Dinks and Lynn i have spoke to ACAS but will try CAB and MS helpline . I could do without the extra stress it’s causing me, but I’m sure everyone has been though rubbish as well at some time,anyway thanks for your replies, it make a big difference knowing others care. Deborah
I have no words of wisdom but I hope a hug will help (((((x)))) Love Sara x
Dear Sara thank you yes a hug helps.I keep thinking that there are people out there with more problems than me. Love Deborah
My CAB has access to enployment lawyers, maybe check if your local CAB has the same
Just an additional thought. Years ago I worked for a lawyer and we were one of a number of firms who operated the Law Society’s fixed fee interview scheme where for a small sum one could go and discuss legal matters for half an hour and get advice for a very small sum unless they were on benefits and were assessed under the Law Society’s Green Form Scheme which meant the intitial interview was free. If the CAB or MS helpline can’t come up with anything it might be another option just to phone a few local solicitors and find out whether this scheme still operates as I know the government has cut back on legal aid. Or perhaps someone reading this knows as it has been so long since I left my job.
I think perhaps you are referring to constructive dismissal.
It is used at tribunal when a person has resigned from their job but takes the employer to tribunal for unfair dismissal on the grounds that they simply had to resign because conditions were so bad they could not continue working. Constructive dismissal is very difficult to prove at tribunal and anyone should seek expert advice before they embark on this course.
I think you should go back to square one; ask yourself ‘have you made your employers aware of your problems?’ and if redundancy is not involved; have your employers offered any ‘reasonable adjustments.’
If the know of your problems that is ‘unfair dismissal’ not ‘constructive dismissal’ that can be a minefield
ACAS are good also the EHRC http://www.equalityhumanrights.com/ have brilliant info and will help. Contact DIAL http://www.dialuk.info/ who will come around your house and help. Or Benefits and work http://www.benefitsandwork.co.uk/ who give excellent advice costs £19.40 per year. The DLS give excellent free advice http://www.dls.org.uk/advice/factsheet/factsheets_download.html it is essential you get help.
Whatever DO NOT go to any meeting without someone from one of these organisations; a colleague; Union Rep. someone on your side. This is your RIGHT and you should tell HR you will alter any date of a meeting where you do not have representation.
Best of luck
Thanks George for your advice,I will look at every thing you have suggested. Unfortunately I did go to my first meeting on my own as I don’t belong to a union and any member of staff I asked turned me down, obviously worried that they would be next, I was told that It had to be a member of staff, so had to go alone. Deborah
I think you will find that your employers have not acted in accordance with the guidelines. If nobody was willing from the workforce then you should have been given the opportunity of cancelling the meeting and seeking legal advice. Run this past the CAB. When someone in our company had disciplinary proceedings against them the bosses actually appointed a member of staff to sit in to see “fair play” and see that no bullying took place because not one member of staff, understandably, wanted to get involved. Suggest you check with the CAB and helpline and also possibly phone ACAS again as they are up on the formalities and rules and regs. Were any minutes taken of the meeting and if so have you been given a copy?
Hi. Sorry to read about the problems you are having. The MS Society gave me the number for a free legal helpline for people with MS. You call and explain the problem and are given an apt time when someone will phone you back. Hope this helps. A x