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Hence the importance for your employer to disregard absences due to ill-health and consider those absences as adjustment, in accordance with the DDA 1995, s6

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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can you possibly expllain the following point to me please?

 

(f) your employer should have had to consider if you could have been 'medically retired' and granted an ill-health pension - in certain cases, failure to do so would render a dismissal unfair

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just got back from the appeals hearing, lasted one hour 30 mins

 

all went well, with my union rep doing most the talking on my behalf, at the end of the meeting the MD and HR manager took a few mins and they came bk and asked me directly,

 

Would i do the same again.?

 

to this i replied under the same set of circumstances i would say no, as i belived there was intent and motive behind the job that i was asked to do.. i also said its not my medical condition speaking and i said the thing about facebook and that it was actual fact.

 

i also said if the job was given to me today, and rthere was no deadline and i was not returning from sick leave i would have no problems with doing the job.

 

union rep wasnt to happy about my reply, and he went on to say that i should have said i would have no problems doing the job.

 

i replied bk that i belive that there was intent etc and then union rep said we will just have to wait and see...and that i have probably given them a get out of jail free card.

 

and my case will no longer stand at tribunal, as i declined a reasonable request.

 

can somebody please advise on this matter please urgently as im very worried that i might have messed things up.

 

tks again for all ur help and assistance guys.

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Hi Qais, sorry you're not happy with how it went today.

 

What reasonable request do you mean you've turned down, please?

 

HB

 

on the day i got suspended i was asked to do a job by my manager, i said why did one of the other guys not do this as i was off sick, and the job had an immediate deadline, it was anotehr way the company was trying to stitch me up on.as before i went off sick there were ten jobs assisgned to me, and when i returned from sick sumone had done 9 and left one with a deadline.

 

i refused to do the job, and i walked out that day, and then the next day i got suspended.

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Hi 'qais 1',

 

You now have to wait and see how this was interpreted and it wil be used in their decision... I, personally, would not have said a word and would have let the representative talk...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi 'qais 1',

 

You now have to wait and see how this was interpreted and it wil be used in their decision... I, personally, would not have said a word and would have let the representative talk...

 

 

i did not do the talking my union rep did, but this one question they asked me directly and union guy didint say anything so i answered..

 

i get the feeling ive messed things up:(

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Hi 'qais 1',

 

Do not worry too much... Not everything is lost...

 

That question they asked you... you should think about it again and make sure that your answers were logical and rationale...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi,

 

Do you have any update?

 

Is everything ok?

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi 'qais 1'...

 

Sorry to read about that!

 

I will have a detailed look at your letter later on this afternoon or tomorrow morning!

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi,

 

I had a quick read at the letter sent by your MD...

 

He upheld the decision to dismiss principally on the fact that you failed to follow a reasonable and lawful order when you came back to work from your sick leave.

 

Employers' instructions should be followed as long as they are reasonable, lawful and do not place you in danger. Failure to follow a lawful order can be a breach of contract and a fair dismissal may follow from a refusal to comply with an instruction to carry out normal duties.

 

When asked if you would refuse to follow a lawful order, by your line manager in the future, you were adamant that you would, indeed, refuse to follow it in similar circumstances, thus putting yourself at risk of a breach of contract and exposing yourself to a possible dismissal.

 

You may be free to disregard an order which falls out of the scope of your contract of employment. In your case, I believe this was not the case...

 

They, also, should have held another meeting to discuss your medical condition and warn you about the possibility of being dismissed on grounds of capability... the last meeting you had was about one year ago (you confirm?)... You may have a window of opportunity here!

 

You will, nevertheless, find difficult to bring a case to an employment tribunal. Nevertheless, you may want to consult an employment law firm for a full assessment of your case... you may do so through your union, or by contacting your local employment law firm... some solicitors offer to work pro-bono... you may also benefit from a 30 minutes free initial consultation where a solicitor can quickly assess the case...

 

In any way you now chose to act, I wish you the best of luck...

Edited by Bigredbus
Addendum...

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi,

 

I had a quick read at the letter sent by your MD...

 

He upheld the decision to dismiss principally on the fact that you failed to follow a reasonable and lawful order when you came back to work from your sick leave.

 

Employers' instructions should be followed as long as they are reasonable, lawful and do not place you in danger. Failure to follow a lawful order can be a breach of contract and a fair dismissal may follow from a refusal to comply with an instruction to carry out normal duties.

 

When asked if you would refuse to follow a lawful order, by your line manager in the future, you were adamant that you would, indeed, refuse to follow it in similar circumstances, thus putting yourself at risk of a breach of contract and exposing yourself to a possible dismissal.

 

You may be free to disregard an order which falls out of the scope of your contract of employment. In your case, I believe this was not the case...

 

They, also, should have held another meeting to discuss your medical condition and warn you about the possibility of being dismissed on grounds of capability... the last meeting you had was about one year ago (you confirm?)... You may have a window of opportunity here!

 

You will, nevertheless, find difficult to bring a case to an employment tribunal. Nevertheless, you may want to consult an employment law firm for a full assessment of your case... you may do so through your union, or by contacting your local employment law firm... some solicitors offer to work pro-bono... you may also benefit from a 30 minutes free initial consultation where a solicitor can quickly assess the case...

 

In any way you now chose to act, I wish you the best of luck...

 

 

Tks brb

 

union rep did say at the meeting that no meeting was held, and the HR manager replied we did try orgonise one with myself, just before i went off sick.

 

so im not sure how that will stand.

 

anyways. i think its time i start looking for a new job now

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Hi,

 

I had a quick read at the letter sent by your MD...

 

He upheld the decision to dismiss principally on the fact that you failed to follow a reasonable and lawful order when you came back to work from your sick leave.

 

Employers' instructions should be followed as long as they are reasonable, lawful and do not place you in danger. Failure to follow a lawful order can be a breach of contract and a fair dismissal may follow from a refusal to comply with an instruction to carry out normal duties.

 

When asked if you would refuse to follow a lawful order, by your line manager in the future, you were adamant that you would, indeed, refuse to follow it in similar circumstances, thus putting yourself at risk of a breach of contract and exposing yourself to a possible dismissal.

 

You may be free to disregard an order which falls out of the scope of your contract of employment. In your case, I believe this was not the case...

 

They, also, should have held another meeting to discuss your medical condition and warn you about the possibility of being dismissed on grounds of capability... the last meeting you had was about one year ago (you confirm?)... You may have a window of opportunity here!

 

You will, nevertheless, find difficult to bring a case to an employment tribunal. Nevertheless, you may want to consult an employment law firm for a full assessment of your case... you may do so through your union, or by contacting your local employment law firm... some solicitors offer to work pro-bono... you may also benefit from a 30 minutes free initial consultation where a solicitor can quickly assess the case...

 

In any way you now chose to act, I wish you the best of luck...

 

 

Tks brb

 

union rep did say at the meeting that no meeting was held, and the HR manager replied we did try orgonise one with myself, just before i went off sick.

 

so im not sure how that will stand.

 

anyways. i think its time i start looking for a new job now

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