I had my meeting last Thursday, after sitting there biting my lip, whilst they went through the ritual. I then stated I was now in a position to do my Control and Restraint course. This somewhat took them by surprise, and ended up in a bit of slanging match with myself and the Modern Matron. She stated I wasn't fit enough to do the course, I said that wasn't her choice. So the outcome to much of my annoyance, is that I have to get a second opinion from the consultant who performed my surgery, A.S.A.P, at my own costs. This would set me back around £200, for him too see me, and then write an in depth report to my employers. Also the Modern Matron wants to speak to him directly, to stress to him how vigorous the C+R training is, and she would want 100% guarantee that my shoulder wouldn't break down in the future. What kind of consultant would do that? In the meantime a capability hearing has been pencilled in for 6-8 weeks, and I see Occy Health a week on Friday. To tell the truth, I'm burnt out from all this, and I'm close to handing my notice in!

Unfortunately, I've tried that route, but due to the nature off my job, and that I injured myself whilst restraining an in-opatient, I can't claim, because there is no blame. Apparently all I would be entitled to after 15 years service, would be 3 months wages. This is what the union rep stated. I can't believe that I wouldn't be entitled to more, talk about kicking you when your down!

I rang Occy Health yesterday, and they say my line manager has to refer me, and also it would be the Doctor at Occy Health, who would decide. As for redeployment, I had an protected interview for one post in November. The problem is the Trust I work for have a terrible record, and have dismissed people before, only for that decision to be over turned on appeal. I can't afford to wait for an appeal!

I'm a Nursing Assistant within the N.H.S, I posted on here last year, about a situation at work. Briefly, three years ago I injured my shoulder re-straining an in-patient. This resulted in me having multiple surgeries to repair torn tendons, and muscles. After spending 12 months off work, I returned there last July. Everything was going well, until the Trust I work for, stated that all employees who could not partake in Control and Restraint of service users, would be either re-deployed within 90 days, or failing that have their contract terminated. Unfortunately that applies to me, and come this Thursday, I have a meeting where a capability hearing will be put forward to me. I've had Lot's of conflicting advice of Unison, regarding this, I was told by the Regional union officer, that they was wrong at how they had implemented this, and would file two grievances against the Trust. Wasn't until yesterday that I found out the advice was wrong, this four weeks after the meeting with Regional Officer. I've put a formal complaint in against Unison, due to this and other conflicting advice. Also I've been off work since November, with severe depression due to to all off this. What I need to know , is can they get away with dismissing me, at my last meeting I said I wanted to try and partake in the Control and Rearaint course, but they just stated I wasn't fit, even though they haven'y referred me back to Occy Health. I feel very isolated, with no support from the union, who seem to have bigger fish to fry.

Unfortunately ACAS have given me conflicting advice, another of their staff said they could do this! Also I had my meeting last Tuesday, and have been given 90 days to be either re- deployed, or my contract terminated. I have just this minute contacted UNSION's head office, to complain of the lack of support I've received. Also I've left a message with occupational health, for advice on being pensioned off due to ill health. My NHS pension does state, that if I cannot do the job that I'm employed to do, then I would qualify for tier 1 of the pension. This would mean a lump sum, which is better than a kick in the teeth, that was put to me! HR say that I wouldn't qualify for this, as I might be able to do all of my job at some time later. Doesn't this contradict the reason why they are ousting me?

Well I've had my meetings, and I'm now on a 12 week countdown, to be re-deployed, or termination off contract. I tried to argue that I was still recuperating, but that didn't wash. They have promised that will do their best to find other employment within the trust, they have 3 posts secured for interviews for staff being re-deployed, with more to follow. My union rep stated that this was the best way forward, as there will be more and more staff looking to be re-deployed, and to leave it longer would reduce my chances of finding employment. This all seems fine, but with the prospects of me having to have further surgery in the New year, what employer would want me!

Need urgent advice, I've spoken to my union rep, and they've stated that I should attend both meetings. The reasons given where, that it's A, Trust policy for sickness, regardless of whether it was work related or not, and B, I need to attend the re-deployment/Termination off contract, as there are places for re-deployment frozen, and that these will get taken quickly. Also if I went off with stress with this then I would move up to the last stage off sickness. This meaning they could dismiss me on grounds of capacity. When I mentioned that ACAS had said they where breaking the DDA, my union rep said thta for ACAS to be involved, my employers would have to agree, to which they won't. This stinks, and is making me ill with worry!

Thank you to you all, for all the helpful information. Looks like I'll be staying with the IVA, far better the devil you know sometimes!

Another quick question, if after the fourth year there is not enough equity in the property, and we have to extend our IVA for another twelve months. Does this mean we will be debt free, even though there wasn't enough equity to pay off the IVA?

Thank you, by the sounds of it it's a case of better the devil you know! I'll stick with that I think!!

We have been in an IVA since November 2006, our debts were £77, 000, after all the compounded interest was added. We have £58,900 outstanding on our mortgage, our house is roughly valued at £90-95,000. In our 4th year we are to re-mortgage in order to release £ £28,000. We also have £11,250 secured on our property ( that was secured without our knowledge ). Anyway I recently had a call from a company, and they reckon we would be better off declaring ourselves Bankrupt. We currently pay £250 per month towards the IVA, they say we wouldn't lose our house as their isn't enough equity in it. Would this be the best way forward for us?

First off, thank you to all for your helpful replies. Also I will try this avenue for my sickness review, last time I said I wasn't happy that they counted levels of sickness when it was work related. HR stated they was looking into changing that, so much for that one! The extra stress this is causing is unbelievable, I've had to fight all the way just to get back to work; I've contacted ACAS today, and basically they say what they are doing goes against the DDA, and that I need to put in a grievance stating the reasons why! I don't know if I will attend these meetings yet, due to the fact I don't know if I can keep my temper in check. I'm so angry!!

Thanks for all your advice Teaboy 2. Yes Unison are aware of what's happening, but the rep who is representing me, is a friend of the Modern Matron conducting the review. And she is one of the one's who can't C+R, but as not been summoned to attend a meeting! Also the qualified staff who can't C+R, have also been excluded. I'm losing sleep over all this, and feel very agitated. This appears to be so wrong, in what they are doing to us all. I will contact ACAS today, and also Occupational Health, the Doctor there doesn't agree with staff having sickness reviews, when they are injured at work!

I've got my meeting next Tuesday, one is sickness review ( which seems unfair classing an industrial injury as a level of sickness ), the other is the for putting into place my 60 days notice. All of this is making me ill, if I went off sick, would they still be able to go through with these meetings?

Thanks for replying. I did put a claim in through my union solicitors, but that was to save my job whilst I was off. And due to the nature of my job it's highly unlikely I would win the case, due to the fact that no one as such was to blame! I really feel victimised regarding this, I'm good at my job, have been involved in numerous serious incidents, but feel now that I'm easily expendable!