Forum

I was paid off today on capability grounds, please read and help

Hi all

Just a quick update.

I sent out my CV to a few recruitment agencies yesterday and received a call this morning asking me to attend an informal interview on Tuesday 19th March. The job is on a contract for 3-6 months but it’s better than nothing and could be made permanent. As far as the recruitment agency is concerned the job is already mine and they would be looking to start me a week on Monday.

Up until that call I hadn’t eaten, felt on edge 24/7, couldn’t sleep and now it’s as if a huge weight has just been lifted.

I’m still going to pursue my previous employer through both appeal and tribunal but at least this takes some of the pressure off and will allow me to concentrate on the appeals process.

Thanks for all the help guys and I will keep you posted on how things go.

If you have any further advice it would still be appreciated.

x x x x

Hi all

Just a quick update.

I sent out my CV to a few recruitment agencies yesterday and received a call this morning asking me to attend an informal interview on Tuesday 19th March. The job is on a contract for 3-6 months but it’s better than nothing and could be made permanent. As far as the recruitment agency is concerned the job is already mine and they would be looking to start me a week on Monday.

Up until that call I hadn’t eaten, felt on edge 24/7, couldn’t sleep and now it’s as if a huge weight has just been lifted.

I’m still going to pursue my previous employer through both appeal and tribunal but at least this takes some of the pressure off and will allow me to concentrate on the appeals process.

Thanks for all the help guys and I will keep you posted on how things go.

If you have any further advice it would still be appreciated.

x x x x

Great news :slight_smile:

Karen x

Hi all

Just another quick update which I forgot to mention previously. This is likely to get a good reaction from you guys.

On 25th February 2013 I emailed my boss advising her that my Union Rep could not make my Final Review Meeting on 8th March 2013 due to other commitments. I requested that she rearrange the meeting for either 11th or 12th March.

After a couple of days she still hadn’t responded so I pulled her aside when she was passing me in the corridor and asked her if she had received my email. She sort of chuckled and said ‘oh yes, I did receive it but it’s really nothing to worry about the meeting is really just a formality, I don’t really think having Frank there is necessary’. She then made her excuses about being late for a meeting and scarpered down the hall.

I was left a bit dumb-struck and angered that she made such a comment when it is MY right and decision as to whether I want my Union Rep there or not. I went back to my desk and loudly explained what had just happened to my immediate colleagues all of whom were shocked that she would try to talk me out of having representation but all agreed that it was just like her to do something like that. Several of my colleagues remember this happening.

A few days later I then received an email inviting me to attend the meeting still on 8th March 2013 - even though I had told her that my rep could not make it. I responded to her invite by declining it and giving the reasons why.

My rep now feels this was her trying to enforce the meeting on the 8th March knowing I would not have representation and that this could amount to bullying/not adhering to policy/unfair treatment.

After another few days she did eventually agree to move the meeting to a suitable date.

I have contacted the colleagues who witnessed my rant about her trying to talk me out of having representation and they are all happy to provide witness statements.

In addition, my union rep has noted an entry in a meeting with my manager in January 2013 - this meeting was setting and confirming my action plan between December 2012 and 8th March 2013. During the meeting I asked ‘If I remain in work as per my contracted hours between now and 8th March 2013 what is the likely outcome of the formal review’. My managers response was ‘Even if you do meet the plan dismissal could still be the outcome’. Surely this means that it wouldn’t have mattered what I did during that period as she had already made her mind up that she was getting rid of me and by holding formal meetings and setting action plans she was merely attempting to follow procedure.

The more and more I think about it the more angry I am becoming about the way I have been treated. My union rep is first focussing on the appeal in an attempt to have me reinstated to the job but I’m not sure I could go back and work for a company who has treated me like this.

Rant over but opinions and comments are more than welcome x

I am 100% with you, how could you possible think of working for a company who plainly do not want the inconvenience of a disabled person in their midst.

Take them for every penny you can; here is a claim calculator to help http://www.winstonsolicitors.co.uk/unfair_dismissal_calculator.html but you want money on top as this is for a health person. You will have other problems starting a new career.

George

I hope you have started to keep a diary, get a big A4 or at the least A5 This is just the begining of a long fight, you now need to be keeping accounts, every conversation you can remember with your work mates, I am sure they will try to help but at the end of the day they have their bills to pay and families to feed, they need their jobs, you need to start recording EVERYTHING now! however insignificant it may seem now, in court it could make a big difference. A diary just for this issue and nothing else, I also suggest a folder of some sort to keep bits and pieces together in, print out any emails that might help and keep everything pay slips,records of phone calls, even if to just jog your memory for in court. I assume you do not have access to your work computer? could you maybe ask someone you worked with if they can get hold of any evidence for you, they may prefer to do this annonymously, that will be ok so long as it is accurate. You need to keep EVERYTHING keep it all together and when you see anyone about this case take it all with you so that you can reffer to it and please keep adding to it, at the end of the day they will see that you mean business and that just may get a good out of court settlement.

Hi there anon

I noticed there are no new posts I do hope I am not out of order with my advice, I just think that sometimes after an event I think ‘I wish I had written that down at the time’ anyway good luck and I hope you do not stress tooo much.

I would just second this advice - it is essential that you exhaust your internal appeals procedure first.

I must say that you seem to have been treated very shabbily, and your employers do seem to have left themselves vulnerable to legal challenge if they do end up dismissing you. My guess is that, once you have threatened legal action and their lawyers have had a good look at the circumstances, your employers might be open to making you a good out-of-court settlement. Companies do this when they decide to manage potential risks by hosing money at the problem to avoid the potential cost/time/reputational risk and general faff of Tribunal proceedings. The benefit here to the employee is that he/she can end up with a reasonable settlement which spares him/her the (often considerable) stress of a Tribunal hearing. Your union sound pretty hopeless at the level you are dealing with them. I think what you need from them is advice directly from their in-house legal department, or (if they don’t have one) from their tame legal advisors (which they certainly will have). Time to put your foot down and get proper legal advice from them, I think. You’ve paid your dues, and that’s what they’re there for. I think that this is one of those cases where, the sooner it is escalated to the stage of everyone getting proper legal advice (including your employer!), the better is the chance of a sensible outcome.

Good luck.

Alison