looking for advice from employement specialist

[qais_1]

well issues have been ongoing since 2007, with many occurances since then, i put in a grievance bk then but they brushed it aside, its a pity i did not appeal.

 

yesterday they dismissed me on grounds of capability, again with many issues also, union guy was with me and was basically pushing towards a compromise in which they pay me a few weeks wages and i shut up and loose any chances of appealing.

 

i obv did not take the compromise route..

 

still waiting the letter of dismissal, i been with the company for 4 yrs....

 

i have been a victim of racial harrasment and victimisation in the work place so i belive, but i have no witnesses for anything

 

they have dismissed me with 5 weeks notice, apparently im eligible to be under dda, (disability discrimination act)

 

the reason they sacked me is because i refused to a do a job with a deadline just after my return from sick leave it was my first day back after being on sick and they did not give me a return to work interview, but they have been on my case ever since i put in the initial grievance, and monitoring me and watching me like hawks,

 

all relationships have broken down.

 

no witnesses at all. but they have witnesses against me, looks like im in a no win situation

 

i went into work on a monday after being off work for 2 weeks due to doctors orders to increase my medication dosage, as soon as i arrived to work i was given a task to do which had a deadline against it, so i said why had the other guys not done this job due to them knowing i had been off...so i refused to do the job, manager got aggressive with me, i got aggreissive with him, well i just raised my voice for which i later apologised...

 

and they suspended me on full pay till yesterday and they dismisssed me on grounds of capability and not gross misconduct

 

i have drafted something from past events which is as follows, it may give u guys a better understanding of whats been going on.

 

 

Quote:

I believe my current health condition and psychosis are a direct result from years of work related stress and victimisation by my line manager NP and members of the IT team, this has also been confirmed by my GP and the psychiatric team which visits me.

 

My nervous breakdown on 27th February 2007 and ongoing psychosis where I was admitted into hospital are a direct result of the ongoing stresses placed upon me by the management team at R

 

I was suffering from harassment and victimisation by various members of staff at R back in 2007 and still was until the date of dismissal

 

As my initial grievance stated I have endured both negative and offensive comments by work colleagues and managers significantly after the after math of the London bombings on the 7th July 2005 of which the perpetrators originate from close proximity to R

 

I still believe I have been a victim of discrimination based on my religion and belief, my race and ethnicity and especially my disability whilst working at R

 

I wish to bring to your attention all the points which I raised in the grievance back in 2007 as these were all brushed aside and ignored, I did not appeal against any decision at that time due to my current health condition, which has progressively worsened.

 

I have felt intimated at work since this date and I have not been treated fairly because nothing was done about my grievance

 

1) I was not given any return to work interview I was not given the chance to air any concerns i may have had, such as not being able to perform your regular duties and instead straight away landed you into a task which had an immediate deadline

 

2) I am covered by DDA and this has not been taken into consideration when I was dismissed

 

3) I was not given a chance to improve nor was I put on any review period

 

4) I was not offered any rehab hours or any coaching sessions/additional training

 

5) I was dismissed straight after a sickness absence this should have been dealt with sensitively as I am covered by dda

 

Following additional points should also be noted:

 

•January 2010 - ongoing, Very little work has been passed onto me and all calls are bypassing the helpdesk system and going to JT directly, I believe this to be another attempt by NP and senior management to make my position redundant

•1st April 2010, JT receives call from CR who mentions something about a helpdesk call, to which JT says to NP I don’t know why CR sends all her calls to me, NP then immediately phoned CR to say pass calls directly onto the helpdesk system

•Both the company and company doctor knew I was limited in the work I was able to do, ie lifting heavy goods, due to my shoulder injury, even knowing this my manager expected me to lift heavy goods as stated to me on 18th September 2009,

•Neil also re raised issues concerning the grievance which I submitted in 2007 on 18th September 2009, he mentioned the fact that I had said in my initial grievance that my desk had been vandalised to which I replied in the affirmative.

•Warning on 11-01-10 given re internet access when web server was down only because I complained about JT accessing the internet after the entire team was told that internet usage will be filtered,again this is victimisation and this issue was bought up with both hr and management

•On 29th jan 2010 I did write to hr to tell them that I feel I am being victimised by my manager which I then later withdrew as I felt the situation needed more monitoring. I wrote the following to HR

 

“I wish to continue working at R, and do not want to ruin working relationships with my department members, hence I feel that a full investigation would be detrimental to my employment, office atmosphere, and colleague’s interaction, furthermore as you are aware I am on medication & further stress like this would not be helpful. I will continue to monitor the situation and contact you if the need arises in the future”

 

•18/02/2010 I was asked to refrain from praying at my desk during my lunch breaks and break times, as this is a silent prayer I feel I should be able to do this as and when I please. To which NP replied We are Christians and we pray in silence and in peace”

[Bigredbus]

Hi, and very welcome to the CAG...

 

(a) Is that the draft of a letter you intend to send to your ex-employer, or has that letter been sent?

[qais_1]

Hi, and very welcome to the CAG...

 

(a) Is that the draft of a letter you intend to send to your ex-employer, or has that letter been sent?

 

hi tks for the welcome

 

i havent recieved my letter of dismissal yet, this is just a draft of past events, i will add more once i get the proper letter

 

nothing has been sent yet

[Bigredbus]

It seems to me that several incidents have taken place since 2007...

 

To make your letter more efficient, you should make sure that all the incidents you want to bring to your ex-employer's attention are in chronological order...

 

Now... it would probably be difficult for you to bring a case of racial discrimination as there is, as stated in your initial post, a lack of evidential support, but we could help you look into a possible unfair dismissal...

 

For the moment, you should put everything in writing, following a chronological pattern, gather all documents you possess which you could rely on and wait for their letter stating the reasons for your dismissal...

[qais_1]

It seems to me that several incidents have taken place since 2007...

 

To make your letter more efficient, you should make sure that all the incidents you want to bring to your ex-employer's attention are in chronological order...

 

Now... it would probably be difficult for you to bring a case of racial discrimination as there is, as stated in your initial post, a lack of evidential support, but we could help you look into a possible unfair dismissal...

 

For the moment, you should put everything in writing, following a chronological pattern, gather all documents you possess which you could rely on and wait for their letter stating the reasons for your dismissal...

 

 

tks for the tip...will do what u suggested...and wait till i get the letter

[Bigredbus]

No problems... keep posting and keep us informed... do not hesitate to ask...

Edited June 9, 2010 by Bigredbus

[qais_1]

recieved the dismissal letter today, can someone please take a look and advise me on a appeals letter taking into consideration what i have drafter above

 

many thanks in advance

scans doc.doc

[Bigredbus]

Hi,

 

(a) Has any medical opinion been formed and transmitted to your employer? Have you seen an Occupational Health Officer?

 

(b) When was your last appraisal?

 

© Have any awards been issued in the past, following a disciplinary?

 

(d) Did you attend any disciplinary hearing in the past?

[qais_1]

Hi,

 

(a) Has any medical opinion been formed and transmitted to your employer? Have you seen an Occupational Health Officer?

 

(b) When was your last appraisal?

 

© Have any awards been issued in the past, following a disciplinary?

 

(d) Did you attend any disciplinary hearing in the past?

 

hi

 

yes i have seen a company doctor and occ health on many occasions, i recently saw the company doc who said i am fully capable of attending work and carrying out my daily duties.

 

my last appraisal was just a day before i went of sick for 2 weeks

towards the end of april 2007

 

no awards have been issued in the past

 

i attended a disciplinary a long time ago where the company said i was forging a sick note, and they gave me a warning to that.

 

i have had many other meetings both formal and informal with HR and management

[qais_1]

Hi,

 

(a) Has any medical opinion been formed and transmitted to your employer? Have you seen an Occupational Health Officer?

 

(b) When was your last appraisal?

 

© Have any awards been issued in the past, following a disciplinary?

 

(d) Did you attend any disciplinary hearing in the past?

 

 

my latest report from the company doc attached

doc report.doc.doc

[Bigredbus]

Thanks...

 

Could you, briefly, state what the content of that last appraisal was? Was your job appraised as good, satisfactory, to be improved, or needs help and support? (those are examples, only)...

 

Since your medical incident, have they tried to help and support you, either by adjusting your hours or your work environment?

[qais_1]

Thanks...

 

Could you, briefly, state what the content of that last appraisal was? Was your job appraised as good, satisfactory, to be improved, or needs help and support? (those are examples, only)...

 

Since your medical incident, have they tried to help and support you, either by adjusting your hours or your work environment?

 

last appraisal consisted of my objectives and training basically thats all

 

objectives such as get training on this equipment, make sure a certain % of calls are answered etc, there were only about 5 or 6 points which were discussed. nothing about my illness or time off sick.

 

 

my work hours have been adjusted for sum time, i work 35 hrs instead of 37.5

[Bigredbus]

Once again, thanks...

 

How often were you absent? and for how long, generally?

[Bigredbus]

last appraisal consisted of my objectives and training basically thats all

 

objectives such as get training on this equipment, make sure a certain % of calls are answered etc, there were only about 5 or 6 points which were discussed. nothing about my illness or time off sick.

 

 

my work hours have been adjusted for sum time, i work 35 hrs instead of 37.5

 

What I am trying to assess is if they thought that your work performance was good and if you met their targets!

[qais_1]

Once again, thanks...

 

How often were you absent? and for how long, generally?

 

i recently took off 2 weeks due to an icrease in medication, and the odd few occasional days, but the reasons i gave to my work people was i was off due to work related stress

 

i did take off approx 8 mths when i first fell ill in 2007

[qais_1]

What I am trying to assess is if they thought that your work performance was good and if you met their targets!

 

there were no concerns aired at the appraisal none whatsoever and i had met all my objectives

[Bigredbus]

there were no concerns aired at the appraisal none whatsoever and i had met all my objectives

 

Good... they never felt the need to have a meeting to raise concerns about your performance...

[qais_1]

Good... they never felt the need to have a meeting to raise concerns about your performance...

 

no no meetings re my performance but they did want to have a meeting re the doctors report just before i went on sick leave

[Bigredbus]

That last doctor's statement... do you have a date for it?

 

When was it written?

[qais_1]

That last doctor's statement... do you have a date for it?

 

When was it written?

 

Thursday 18th March 2010

[honeybee13]

Hello again. I'm sorry to ask a sensitive question, but the doc's report on 18th March doesn't read like the person your boss is talking about on 26th April.

 

I may need to re-read your thread, but I find this confusing. Can someone help me here please?

 

PS This reads badly, sorry. I just wondered why your boss doesn't see the person the doctor sees you as.

 

HB x

Edited June 10, 2010 by honeybee13
PS

[Bigredbus]

(a) From your 'statement of dismissal', your employer raises the fact that they do not reasonably believe that your medical condition has improved or would significantly improve, at short term, to ameliorate the relationship with your colleagues at work. They go on stating that you may have discontinued taking your medication which, in their view, would have prompted the last incidents.

 

(b) In terms of absenteism. All your episodes of absence are linked to your medical condition.

 

© In terms of performance. Your last appraisal did not raise any particular concern as per your performance and quality of your job... in the 'statement of dismissal', your employer states that 'I have checked the helpdesk statistics... you completed an average of 5.8 jobs per day... the other IT officer... also completed an average of 5.8 jobs per day'.

 

(d) In terms of your protection under DDA 1995. Where the employer knew, when it engaged the employee, of the existence and extent of a disability, it is most unlikely to be able to dismiss the employee fairly by reason only of the disability... if he does, this likely to be discrimination under the terms of DDA 1995.

 

(e) I believe that upon a previous diagnostic and prognostic from an Occupational Health Professional, adjustements to your hours of work have been made (from 37.5 hours per week to 35 hours per week).

 

(f) If you intend to appeal, you would have to demonstrate that (1) you are still under medication and correctly taking it, (2) that you expected that your employer would have helped you to improve your situation, (3) that you had no warning as per the last incident and that you find the dismissal a severe award in relation to the case, (4) that they should be taking previously good standing and service into consideration, (5) they might have reviewed whether there is alternative employment which may have suited you, (6) review whether any adjustments might improve the position, ie. by giving more training, or adapting the working environment.

[qais_1]

(a) From your 'statement of dismissal', your employer raises the fact that they do not reasonably believe that your medical condition has improved or would significantly improve, at short term, to ameliorate the relationship with your colleagues at work. They go on stating that you may have discontinued taking your medication which, in their view, would have prompted the last incidents.

 

(b) In terms of absenteism. All your episodes of absence are linked to your medical condition.

 

© In terms of performance. Your last appraisal did not raise any particular concern as per your performance and quality of your job... in the 'statement of dismissal', your employer states that 'I have checked the helpdesk statistics... you completed an average of 5.8 jobs per day... the other IT officer... also completed an average of 5.8 jobs per day'.

 

(d) In terms of your protection under DDA 1995. Where the employer knew, when it engaged the employee, of the existence and extent of a disability, it is most unlikely to be able to dismiss the employee fairly by reason only of the disability... if he does, this likely to be discrimination under the terms of DDA 1995.

 

(e) I believe that upon a previous diagnostic and prognostic from an Occupational Health Professional, adjustements to your hours of work have been made (from 37.5 hours per week to 35 hours per week).

 

(f) If you intend to appeal, you would have to demonstrate that (1) you are still under medication and correctly taking it, (2) that you expected that your employer would have helped you to improve your situation, (3) that you had no warning as per the last incident and that you find the dismissal a severe award in relation to the case, (4) that they should be taking previously good standing and service into consideration, (5) they might have reviewed whether there is alternative employment which may have suited you, (6) review whether any adjustments might improve the position, ie. by giving more training, or adapting the working environment.

 

 

what do i do now?....

[Bigredbus]

I believe that you should appeal their decision on the grounds of severity of award, that you expected them to offer you more support through possible adjustment(s), that their belief as per you discontinuing to take your medication is ill-founded and that there is no concern in relation to your performance.

[qais_1]

I believe that you should appeal their decision on the grounds of severity of award, that you expected them to offer you more support through possible adjustment(s), that their belief as per you discontinuing to take your medication is ill-founded and that there is no concern in relation to your performance.

 

cani ask one more favour would you possibly be able to draft this up in a letter for me, my written english is not as good as yours

 

possibly add the ammendement to the draft which i wrote at the top of this thread...or is that not suitable to send?