Grounds for an ET?

[redhotitfc]

They are probably going to get rid of me but could I take them to a tribunal over this. The facts are:

 

asking me to get a fit note 4 months after the time i had off

(they had never asked me for a note before as they had my medical records)

 

They tell me they lost my medical records and that's why they need a fit note for that period.

 

They accussed me of not contacting them during a 4 week period that I had a fit note for. I have evidence of that accusser responding to my emails regarding illness

 

I was told I had to resupply medical records or face gross misconduct

 

I was forced to write an letter regarding my hobbies and what I do outside work. As if I am going to do something that will make my disability worse at any point. Where's the common sense.

 

My manager was overheard talking to other members of staff that I was lying about being disabled after I had produced medical evidence they requested from my doctors

 

They know my disability is worse in the morning. I told them again in the morning and they sent me an investigation/disciplinary hearing letter later that day telling me I had to come in the next working day in the morning regardless of how I feel or face gross misconduct. And without permission to bring some representation or help.

 

I have been covered by fit notes this month I needed off and anytime before. My doctor told me it is unfair to ask me for a note 4 months later.

 

I have been persistently ignored by my manager and hr to information requests and health concerns.

 

When they do reply they don't answer my questions.

 

They still keep ignoring my requests for info on any SSP and if I can claim it. If I can't claim it I will have lost £272 in ESA payments as they can only go back for a certain amount of time.

 

Generally having no compassion when there has ever been contact.

 

My doctor telling me their conduct has exacerbated my stress and disability.

 

What should I do? I would prefer to keep my job.

[Emmzzi]

Remind me, have you had an occ health referal?

[assisted blonde]

Just a quick one take a photocopy of all fit notes before you send them in

[redhotitfc]

Hi Emmzzi. Yeah I had one a few months ago.

[redhotitfc]

Good idea assisted blonde. I spoke to my doctor today and they keep a record of my fit notes also.

[redhotitfc]

So basically I had the disciplinary disguised as an interview. I kept my job.

 

They have said because they have concerns over the credibility of my two GPs they don't have to pay me SSP. They are going to pass it over to the legal department to make a decision. Obviously a no then as they are looking for every way possible.

 

They also said at my age I should start thinking about starting a proper career. I'm 28, it's far too old apparently.

[Emmzzi]

It is very difficult to help you as you are not being very focussed in your replies. I understand this is emotive for you but I am not sure what you are after now. And I am no wiser about what occ health said.

 

Do you need any further advice?

[redhotitfc]

The occ health just wanted to know if they can get my medical records. Also they asked me about hobbies effecting my working environment. That's basically it. In what way would you like me to be more focussed? I am just giving the facts of what has happened. The emotiveness does drive my complaint and basically what I want to know is are the actions of my manager and HR manager unfair? If they constitute hurt feelings with the medical advice I have stating my employees actions are causing extra stress and exacerbating my disability.

[Emmzzi]

It was occ health asked about your hobbies and not your manager? Is that right?

 

And did you give them access to your medical records?

[redhotitfc]

That's correct yes. Today was the first time my manager has been involved in any discussions.

 

Yes I authorised for them to gain access.

[Emmzzi]

So if Occ Health are asking about your hobbies then that is a different discussion to the one in your previous thread. That is not discrimination on the part of your manager. I think people assumed your manager had asked about hobbies.

 

If it was 2 months ago I would expect you to have had the OH report by now. What did it say?

 

Who was the person who suggested your condition was infectious?

 

Bottom line: if you cannot turn up for work when and where they require, with reasonable adjustments (and reasonable is defined by the employer, generally) then they can let you go.

[Emmzzi]

PS you now have 4 threads on the same topic. It will help people if you stick to one. I'm having to check your story in 4 different places. I also can't see that you have followed any advice anyone else has given you so far? What have you actually done with the advice people have offered you?

[redhotitfc]

I'm not really saying they can't let me go. I'm looking into a ET based on hurt feelings.

[Emmzzi]

You are not answering my questions. I can't help unless you do, I'm not asking out of nosiness!!

 

That and the multiple threads are what I mean by unfocussed. If you want people to give up their time to help it's only fair to make it as easy on them as you can and not have them hunt out the information and have to ask things multiple times!

 

I see you also posted on the student rooms last year. Are you now or were you a student also?

[honeybee13]

Hello there.

 

In an effort to keep the peace, or at least make life easier for the people trying to help , here are the previous threads.

 

Epilepsy and holidays

http://www.consumeractiongroup.co.uk/forum/showthread.php?382745-Epilepsy-and-holiday-request

 

SSP problems

http://www.consumeractiongroup.co.uk/forum/showthread.php?382534-Ignoring-my-SSP-requests

 

Discrimination questions

http://www.consumeractiongroup.co.uk/forum/showthread.php?383316-Have-I-been-discriminated-against

 

Emmzzi, I've been keeping an eye on the various queries and would normally have merged the threads, but was worried about the flow of the conversations becoming confused. I hope the links help a little.

 

HB

[Emmzzi]

Thanks HB!