looking for advice from employement specialist

[Bigredbus]

Indeed...

 

[qais_1]

also the OH doctor wrote to my shrink to ask for a specialist report, im not sure as to the details of this report as i have not seen it, i dont think the compnay has access to this report either, i think the OH doctor only wrote to the shrink to gain a further understanding on my condition.

[Bigredbus]

Well, that is an interesting addition...

 

That is the one you would like to 'put your hands on'...

[honeybee13]

Hi there. I would hope the company didn't have access to the report. That sort of thing should be kept doctor to doctor.

 

But do you think the doctor told them what your problem is, and have they understood it, do you think?

 

HB

[qais_1]

Hi there. I would hope the company didn't have access to the report. That sort of thing should be kept doctor to doctor.

 

But do you think the doctor told them what your problem is, and have they understood it, do you think?

 

HB

 

 

i got a copy of the report from the OH doctor and there was no mention of it in there. what i mean to say is i got the oh doctors report after he had wrote to the shrink

 

also i did take another 5-10 days sick leave after my appraisal, i cant remember exactley sorry..

 

i remember i took two weeks off for sick, i got a docs note for that, and i took approx 7 days i think which were celf certified after my visit to OH in march

Edited June 11, 2010 by qais_1

[qais_1]

a slightly more detailed report from OH dating back to 17th april 2009 and 30th june 2008

scan 5.doc

[qais_1]

btw do u mind if i ask u guys if you are qualified solicitors? employement specialists? or jus random forum posters?

 

just curious thats all

[honeybee13]

Qais 1, thank you for posting all that information. I am not a solicitor or an employment specialist, but I have followed this forum since I became a cagger and can search the internet for information and interpret it. If you would like to know more, I'm happy to PM it to you, but I am unable to put it on the forum for personal reasons, as I'm sure you'll understand.

 

We give our advice as best we can, in good faith and voluntarily, but if you want to double-check it, you may have to find a solicitor who is willing to act.

 

HB x

[qais_1]

Qais 1, thank you for posting all that information. I am not a solicitor or an employment specialist, but I have followed this forum since I became a cagger and can search the internet for information and interpret it. If you would like to know more, I'm happy to PM it to you, but I am unable to put it on the forum for personal reasons, as I'm sure you'll understand.

 

We give our advice as best we can, in good faith and voluntarily, but if you want to double-check it, you may have to find a solicitor who is willing to act.

 

HB x

 

tks for the explanation honeybee

[mariefab]

Liitle tip- take 2 copies of the appeal letter and get someone to sign and date one copy for you to keep to prove receipt.

[qais_1]

Liitle tip- take 2 copies of the appeal letter and get someone to sign and date one copy for you to keep to prove receipt.

 

 

tks will do on monday

[qais_1]

btw are saturday and sunday classed as working days, coz i have 5 days from reciept of the letter which is dated 9th june

[qais_1]

just to make u aware

 

i did submit a greivance in 2007 of various allegations race, religion and ethnicity related, the grievance was not substantiated and they basicilly said im making up the allegations, i did not appeal at this stage due to my current health condition.

[qais_1]

just recieved documentations of the days off i had in january 2010 and they are as follows

 

8 days in jan

2.5 in feb

2 days in march

12 days in april

 

 

my yearly appraisal was on 19th january 2010

 

im not sure of the exact reasons i gave for the time off sick, but im sure i did say work related stress for 2 sicknesses and the sickness in april was due to medication.

Edited June 12, 2010 by qais_1

[qais_1]

if everyone is in agreement i will go to my ex company tomorrow and hand deliver the letter marie has drafted..?

[honeybee13]

Hi there. Mariefab's advice is always well thought through and quality stuff. If she said do it, I would myself.

 

HB x

[qais_1]

Hi all

 

went into work today to hand in the letter of appeal, both hr manager and hr assistant came out to meet me, initially the junior hr manager asked me to go into a room to discuss the appeals letters and discuss why im arguing the dismissal and whats points i would like to appeal on..

 

to this i replied if you wish to have a meeting please write to me and i refused to go into the meeting room.

 

i have attached the entire attendance policy from my ex company

 

also attached the grievance i submitted back in 2007 and the final outcome of the grievance.

attendance policy.doc

grievance finding 2007.doc

grievance 2007.doc

Edited June 14, 2010 by qais_1

[qais_1]

should now hopefully hear from the company in a few days with them asking me to attend an appeals hearing...

 

so would be grateful if someone can draft me a list of points which i can put forward at the appeal day,

 

hopefully something concrete which they cant argue against such as not giving me a return to work interview on the date of the incident, etc etc

 

mariefab, honeybee, and bigredbus, i am only appealing on the hopes that you guys will help me out, so im hoping that you dont let me down.

 

thanks for everything once again

[honeybee13]

Qais, when you ask like that, how can I refuse? I don't know if the others are about, but I'll have a read.

 

Well done though today, you didn't let them run rings around you. I hope they're worried.

 

HB x

[Bigredbus]

Hi 'qais 1',

 

It seems to me that your employer is justifying every grievance you raise and incident you are involved in 'on the back' of your medical condition.

 

It seems as if your employer considers that all incidents are prompted by your psychological condition, leaving no space for partiality or reasonable cause. A good example of this is your complaint about a colleague using the internet during working time (Facebook) and upon investigation, the allegation was proven and the employee given an informal counselling letter... does one need to have a psychological condition to report colleague's wrongdoings?

[qais_1]

Hi 'qais 1',

 

It seems to me that your employer is justifying every grievance you raise and incident you are involved in 'on the back' of your medical condition.

 

It seems as if your employer considers that all incidents are prompted by your psychological condition, leaving no space for partiality or reasonable cause. A good example of this is your complaint about a colleague using the internet during working time (Facebook) and upon investigation, the allegation was proven and the employee given an informal counselling letter... does one need to have a psychological condition to report colleague's wrongdoings?

 

 

yes bigredbus i know they have covered themselves form every possible angle, even my union rep said they are being so clever its unbelivable and used every trick in the book.

 

re the facebook incident

 

we had a meeting just before christmas and the manager told us all (4 of us) that most it access will be blocked, when the policy came into effect the very next day i saw a colleague of mine browsing all the blocked sites, to which i became very annoyed, and again i felt like i was being singled out, so i reported this matter, nothing was donee about it, until i made it official and reported it to HR, then they pulled the colleague up and gave him a warning, the very next week, the web server was down again, and i was browsing the blocked sites as the server was down, i got pulled up on this matter and was given a informal counselling letter from the manager.

 

i did state to hr again i was the only one pulled up on this matter out of the entire company who all had open access to all sites during the time the web server was down, HR replied we cannot tell you who was given warning and who wasnt.

 

to me personally it felt like i was being singled out and again they were trying to put presssure on me to make me quit my job.

 

have i said something in this thread that is offensive btw? coz there seems to be a lack of replies...lots of people viewing and not many replying?

[qais_1]

some valid points i have so far which i have created from this thread thus far are as follows,

 

if they can be reworded or re drafted to stand out more with appropriate english terms used please?

 

also any additional points i should be discussing at the appeals hearing to stand in my favour would be greatly appreciated?

 

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

a review re any adjustments which could have improved the situation improve the position, ie. by giving more training, or adapting the working environment.

 

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

 

6) if I am regularly taking my medication and its not affecting my work why does the company have issues

 

7) I was not given a warning of any kind which I would have expected in such a situation.

 

8)My previous good standing and experience with the company hasn’t been taken into consideration, there were no issues raised at the appraisal

 

9) Why was the situation not reviewed and whether there is alternative employment which may have suited myself

Edited June 15, 2010 by qais_1

[honeybee13]

some valid points i have so far which i have created from this thread thus far are as follows,

 

if they can be reworded or re drafted to stand out more with appropriate english terms used please?

 

also any additional points i should be discussing at the appeals hearing to stand in my favour would be greatly appreciated?

 

Hello qais. As you have probably spotted, I'm not one of the top gurus, but I can suggest how I would write your comments in Engish terms.

 

I don't think you've said anything offensive, but your posts have been complex and we don't have many gurus around at the moment. As you know, it's a voluntary site, so people may be away, sorry.

 

I've made my suggestions in blue, hope they help. You also have your union man, I guess?

 

 

Quote:

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

 

I was not invited to a Return to Work [RTW] interview in ?? 2010, nor was I given the opportunity to air any concerns I may have had. Rather than being asked if I was able to perfom my regular dutes, I was immediately landed with a task which had a very short dealine.

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

 

I believe that my condition is covered by the DDA and that this was not 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

a review re any adjustments which could have improved the situation improve the position, ie. by giving more training, or adapting the working environment.

 

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

 

I was dismissed immediately after a period of sick leave and believe that this was not dealt with sensitively, given that I feel I am covered by the DDA.

6) if I am regularly taking my medication and its not affecting my work why does the company have issues

 

I do not understand why there is a problem, given that I am taking my medication as instructed by my medical advisors and am well able to carry out my duties at work.

7) I was not given a warning of any kind which I would have expected in such a situation.

 

:cool:My previous good standing and experience with the company hasn’t been taken into consideration, there were no issues raised at the appraisal

 

9) Why was the situation not reviewed and whether there is alternative employment which may have suited myself

 

Why was the situation not reviewed as to whether there is alternative suitable employment for me?

 

 

Qais, I hope that helps a bit and that these comments are the kind of thing you were looking for.

 

HB

 

Last edited by qais_1; Yesterday at 14:26.

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[qais_1]

Hello qais. As you have probably spotted, I'm not one of the top gurus, but I can suggest how I would write your comments in Engish terms.

 

I don't think you've said anything offensive, but your posts have been complex and we don't have many gurus around at the moment. As you know, it's a voluntary site, so people may be away, sorry.

 

I've made my suggestions in blue, hope they help. You also have your union man, I guess?

 

 

Quote:

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

 

I was not invited to a Return to Work [RTW] interview in ?? 2010, nor was I given the opportunity to air any concerns I may have had. Rather than being asked if I was able to perfom my regular dutes, I was immediately landed with a task which had a very short dealine.

 

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

 

I believe that my condition is covered by the DDA and that this was not 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

a review re any adjustments which could have improved the situation improve the position, ie. by giving more training, or adapting the working environment.

 

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

 

I was dismissed immediately after a period of sick leave and believe that this was not dealt with sensitively, given that I feel I am covered by the DDA.

 

6) if I am regularly taking my medication and its not affecting my work why does the company have issues

 

I do not understand why there is a problem, given that I am taking my medication as instructed by my medical advisors and am well able to carry out my duties at work.

 

7) I was not given a warning of any kind which I would have expected in such a situation.

 

 

:cool:My previous good standing and experience with the company hasn’t been taken into consideration, there were no issues raised at the appraisal

 

9) Why was the situation not reviewed and whether there is alternative employment which may have suited myself

 

Why was the situation not reviewed as to whether there is alternative suitable employment for me?

 

 

Qais, I hope that helps a bit and that these comments are the kind of thing you were looking for.

 

HB

 

Last edited by qais_1; Yesterday at 14:26.

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tks honeybee

 

thats a few points covered, now wait and see if anyone can come up with anything more legal.

Edited June 16, 2010 by qais_1

[JonCris]

what do u guys honestly think now after knowing the facts...do i have a case?

 

what do u think will be the outcome of any appeal?

 

Yes I for one think you have a case. Also remember any adverse comment by their doctor can be mitigated by the fact he is their doctor & not independent

 

Other than that & as your in the very capable hands of the bigredbus & as I cannot add anything further I'll now butt out.