Capability Hearing following absence from work

[plaistow1967]

Hi I wonder if you could give me some advice please. I have been working for the Council for 9 years in various schools as a Teaching Assistant. I started at a new school in September 2011 but unfortunately had to undergo surgery to remove my left ovary in January 2012. I was signed off sick from the council and returned to work in June 2012 on a phased return. Unfortunately in October 2012 I collapsed and was taken to hospital where I had an infection caused by a mass which had appeared in my stomach. I was referred to a bowel specialist and was told that I needed bowel and stomach surgery due to adhesions to my bowel and a large cyst in my stomach. I have been signed off work since and am undergoing a major operation on 25th February.

 

I have attended sickness review meetings arranged by the Council and at the last meeting was told that due to my continued absence and the pressure I was putting on my work colleagues I would have to be dismissed on medical grounds unless I chose to resign. I was a given a week to make the decision and let the council and school know. As I do not want to resign from my job and cannot afford to do so I requested that I be dismissed on medical grounds and was told that I would receive 9 weeks pay.

 

Since then I have received a letter requesting me to attend a capability hearing with the Governors and Head Teacher of the school I work for. I am weeks away from my operation now and to be honest am stressed about this. I did not think I would have to attend another meeting. In the letter I have been told that I should bring a representative with me but I am not a member of a union and am not allowed to take a family member. I would like support as I am unwell and need someone there to back me up.

 

I do not know what the hearing means or why I am required to have it as I was told to make my decision at the last meeting which I did.

 

Please can you give me some advice.

 

Thank you

Edited February 2, 2013 by honeybee13
Real name removed for confidentiality.

[sir_gilmour]

plaistow1967 welcome to The Consumer Action Group community.

 

You haven't received any replies to your problem yet so you might be better off posting your story again directly in the sub-forum which deals with your kind of situation. You will get lots of support there.

 

Also, spend some time looking round the forum. Once you understand the layout, you will be able to get best use from this Consumer Community. It is a big forumm and may take some time. But it will be worth doing.

Good luck.

[PenaltiesGalore]

Hello plaistow,

 

First and foremost, I would never attend any meeting without a rep or a work colleague. I am a rep and always advise against attending meetings alone, things do get misconstrued.

 

You mention capability, that can be a long process, were you ever put on a work performance plan or given a period whereby you had to 'manage' your sickness or work?

 

You have mentioned 9 weeks pay, is that in lieu of notice? That sounds like your notice period, not you being retired on medical grounds!

 

Are you in your work pension scheme? There are lots of questions that come into my mind.

 

You have a lot of mitigating circumstances. Have you been referred to occupational health by your employer?

 

Did you have return to work interviews and was the way forward agreed?

 

Did you follow the councils absence procedures and advise them that you were signed off by your doctor or did you just go awol?

 

Have you signed your post off with your real name? Please remove it or maybe admin can edit it??

Edited February 2, 2013 by PenaltiesGalore

[Emmzzi]

Here's the harsh but true legal stuff.

 

You've been at work for about 9 months; you've been off work for about 9 months. Your conditions don't seem to meet the definition of a disability. I'd dismiss on capability too.

 

This is quite a straightforward one and i think the meeting will just be

- here is your record

- are there any mitigating circumstances (ie a disability you haven't told us of)

- then sadly, let's do the paperwork

 

Personally if you asked I would let you bring a NON SPEAKING relative for hand holding purposes only. If that person started kicking off i would ask them to leave. Why not try that suggestion?

 

Sorry you have been having such a rough time and hoping ylur health goes better soon.

xx

 

ETA: re pension question above; with less than 2 years membership I'd expect a straightforward "contributions back", best to ask the pension guys. As it is not a disability and you will probably be able to work again in the future i would not expect an ill health retiral lump sum from the pension.

[steampowered]

I'm sorry to hear about your illness. Despite the technical policy position, I think you should bring a family member to the meeting. Just say the family member is there to offer support due your illness. Hopefully they will let that person sit in on the meeting, the worst they can do is ask him or her to wait outside.

 

I imagine the meeting will be to discuss whether you are able to return to work or whether you should be dismissed on medical grounds.