Long term sickness & Capability dismissal procedure

[birds nest soup]

Hello, I'm after some advice.

 

I have been absent from my place of work after an accident at work for nearly 18 months. The injury itself has been the reason why I have been off.

 

I have at every stage sent my employers a copy of sick certificates so they are up to date with my current condition. However my immediate boss has sent a letter to me today stating that I have failed to keep in contact with them since July 2012 and they have had no certificates from me since October 2012 and they would like an update. This is untrue as I have sent a copy either the day my GP issued it or the day after. Each time I have emailed them a copy it has bounced back saying my email addy is blocked, so this is why I have also posted a copy - stupidly, not recorded delivery.

 

In July of last year they mentioned that I may have to attend Occupational Health as they were looking to possibly dismiss me for capability. I asked them for a copy of the procedure to how it works along with a few other policy procedures that they had mentioned before. The policies they did send were just brief outlines and they said that's all there is.

 

Up until today, I have not heard anything from anyone at my works since July 2012. I find it strange that they haven't tried to make contact before although when I have sent them emails, like today, it has just bounced back saying my email has been blocked. I called them and they won't speak to me. Very odd!

 

I understand at some stage that I will be dismissed for my long term absence if I continue to be off, although I'm surprised it hasn't happened up to now. My injury is physical as well as mentally and although I made a request last July for reasonable amendments to be made, they just ignored me.

 

Now I presume my employers have to follow a procedure to make the dismissal legal but should this procedure both be documented and should they have sent me a copy of it when I requested it last year. Also I understand that were I've been off and should they dismiss me that I am entitled to both paid notice and holiday accrued?

 

I just find it really odd that they've blocked my emails and failed to contact me at all for so long. I have just printed off a letter to them stating that I have sent them the certificates and enclosing them but unsure to say anything else.

[birds nest soup]

Just to add that when I informed them last July about my emails been blocked they said it was an admin error and will correct it.

[Conniff]

Yes, you are entitled to holiday accrued and notice.

[hunterandthehunted]

if your company operates a capability procedure then you have the right to know what that procedure is. all meetings you are required to attend have to be in letter format outlining what the meeting is going to be about.

the first one would normally be a fact finding exercise, for example.. how are you doing?, do you expect to return to work?, reasonable adjustments, phased returns etc....

 

the letter should include:

 

1/ who will front the meeting

2/ who is note taker

3/ your right to have a trade union official or colleague in attendance

 

once the meeting has ended ask for a copy of the hand written notes

 

you should then receive an outcome letter accompanied with the minutes.

 

regarding keeping in contact - it is a two way street - and not hearing from them since july 2012???????

did you receive any sick pay?

Edited April 30, 2013 by hunterandthehunted

[birds nest soup]

Thanks for the replies. I've asked for a copy of the capability procedure and they say they don't have one. After asking for that and some other bits and pieces they haven't made contact since last year. I have kept in contact - or so I thought, I've sent 3 recorded delivery letters recently which are now tracked as signed for by receptionist. Don't get sick pay.

[birds nest soup]

It's been a while so thought I would update my situation.

 

In fact not a lot has happened since May. My boss never got my first recorded delivery letter so I had to do another one, which they did sign for. No reply.

 

I've asked for a phased return to work. No reply.

 

Not sure what to do now.

[ericsbrother]

Turn up at work with your fitness note from your doctor and see what they do. They havent dismissed you so they should either get you back into a routine or tell you to go home on full pay until they come up with something.

How is your claim against them as your employer for the injury going? If you havent done one then get on to a solicitor who does personal injury claims straight away. You can use one of those that advertise their services on the television if you dont have a local one that will do conditional fee work.

You cannot do nothing though, I bet they have forgotten all about you and think you have just left without telling them.

[birds nest soup]

Thanks. That's not a bad idea just turning up to work. I've sent a couple of recorded delivery letters that have been signed but still not had a reply.

 

Would they have to pay me if they sent me away?

[elche]

Just to add that when I informed them last July about my emails been blocked they said it was an admin error and will correct it.

 

deleted

[elche]

Yes, you are entitled to holiday accrued and notice.

 

Hi Coniff - long time no speak amigo.

 

Just wanted to caveat Coniff's helpful post with the fact that I agree that the ECJ seems pretty certain that you should get accrued holiday pay whilst off sick.

 

However, entitlment to notice pay can be a deceptively tricky area of the law.

 

If, (and this is from memory), the notice period in your contract of employment exceeds the statutory minimum notice to which you are entitled at the time, by one week or more, then notice pay is not 'protected' and if this applied and the employee had no entitlment to salary at the time of the dismissal e.g. the 28 weeks SSP is exhausted, then notice pay would be nil.

 

You need to tell us what the prognosis section in any medical report says, and whilst you have told us you have been off for 18 months it appears that no-one has asked (and you have not said) what your length of service was preceding that (come on CAGGERS ) .

 

Please tell us how long you worked there before the accident?

 

BTW from an employment law perspective it makes no real differance if the absence was due to an accident at work.

 

Che

Edited July 10, 2013 by elche

[birds nest soup]

Hi and thanks, concerning notice period and holidays.

 

I've been there since Jan 2007. Report states that as well as physical injuries that also suffering from PTSD. I spoke to my GP who said he doesn't need to sign me back to work as that will be my choice, although he said making a request for a phased return and RA is a fair request from me.

 

I've still not heard anything back despite sending another letter.

[birds nest soup]

A quick update.

 

 

Company have been in contact. They agreed in August 2013 to wait for my personal injury medical report before making a decision to what happens to me. The report eventually came through in October 2014 and they have now decided this report is not relevant and want another one done.

 

 

I then raised a grievance of this as I felt it was a delay tactic amongst a few other complaints and turned up for the meeting somewhere outside of work and they did not show. The next planned meeting was the same and they did not show again. Now they have requested I attend a disciplinary meeting for possible gross misconduct for been dishonest and for me not showing up! They have statements from other staff saying words to the effect that no one saw me there.

 

 

They have just sent the outcome of the grievance meeting where they did not show and oddly the date of the letter franking stamp was actually dated one week after the letter is dated meaning there is no way I could notify of appeal within there deadline.