Please help! Don't have a companion for meeting!

echads

Hi - hope someone can help as in dire straits with my partner having been made redundant and the correct procedure not being followed. He wants to take them to court but has to have an 'appeal' meeting first. Due to him losing his job at the age of 50 (and his mother passing away the same week he was made redundant) he has now been signed off with depression so is not in a fit state to attend that meeting alone. However, he is not a member of a union and there is no colleague who will attend with him. He asked to take his brother along but the employer has said that is not acceptable. Can anyone advise on who would be acceptable as he really can't go alone.
Thank you so much in advance for your help.

Horace

Perhaps you could go with him, either that or a work colleague? Usually it would be a work colleague - that person would only be there as a witness to ensure that your partner is fairly treated. In the meantime, go online and look at the employment tribunal service and commence action now...it can always be dropped later but the sooner it starts the better.

echads

Thanks for that. I don't think they'd agree to me going as they didn't agree to his brother and as its a very small company i don't think any other employee would put themselves in a bad light by attending with him. He's going to speak to his solicitor on Monday and see if he can make any suggestions, and I'll look at the tribunal service online now - good idea! Thanks again.

dmg24

When I was in this situation, also with depression, I was allowed to take the Occupational Health Nurse with me. Strictly speaking, she was there in a professional capacity in case I felt unwell, but in reality I had spoken to her in depth beforehand (and she was aware of how I had been treated by my immediate bosses) and she was a massive support.

Edit: I've just noticed that it is a small company, so they probably don't have an Occ Health Team?

Am I right in assuming that the depression is a recent occurrence? If it is not, he may be covered by the DDA. If he is, he could argue that having a friend/ relative accompany him is a reasonable adaptation.

dmg24

Horace wrote: »

Perhaps you could go with him, either that or a work colleague? Usually it would be a work colleague - that person would only be there as a witness to ensure that your partner is fairly treated. In the meantime, go online and look at the employment tribunal service and commence action now...it can always be dropped later but the sooner it starts the better.

The case will be struck out if the necessary internal procedures have not been followed first (depending on what the claim is for). Best not to start too early!

echads

The depression has come on as a result of this situation- he does have a letter from the doctor to prove it. Do you think that could change things?

dmg24

echads wrote: »

The depression has come on as a result of this situation- he does have a letter from the doctor to prove it. Do you think that could change things?

It would be more clear cut if he was covered by the DDA, but the employer still has a duty of care towards the employee, so I would certainly suggest that your husband requires suitable support as a result of his condition. Would your GP write a letter to this effect? If so, I would hope that would prompt the employer to allow for you/ a friend to attend as a support.

echads

That sounds like a great idea - I'm sure his doctor would do that, its certainly worth a try. He just knows that the frame of mind he's in at the moment he won't do himself justice so that sounds like an ideal plan. Thanks very much.

musey

When my OH was in a very similar situation ACAS advised us to request in writing that they use the modified procedure which basically means they conducted the appeal in writing. We sent a letter in stating our reasons for appealing, they spent some time looking at the info and then came back saying they upheld the original decision. This was what we expected but allowed us to tick the 'followed grievance procedure' box before moving onto to submitted our ET1, we settled before court and got a good few thousand extra (he'd been there 17 years) hope that helps. I'm sure if you phone ACAS they'll explain it better than me, but that was the gist of it.

sexandthecity

Hi

Depression is covered under the DDA

http://www.direct.gov.uk/en/DisabledPeople/HealthAndSupport/MentalHealth/DG_10023351

If he cannot find suitable accompaniment he is entitled to delay the meeting legally but he has to inform the employer.

He can take an external person but he again needs to notify the employer, he could suggest yourself going along but I think it needs to be someone a bit objective, not sure though.

As musey pointed it may not come to this though, get it all in writing recorded delivery though then there are no excuses available !

I really despise this kind of thing, I friend of mine had her employment terminated by her manager delivering her notice to her doorstep whilst she was on bereavement leave as her father had just died, its truly disgusting,

Best of luck to you both

echads

Thanks for all your kind help - I despise this too which is why even thought its hard at the moment, we're going to do everything we can to sort it out. I've heard today that his old work colleagues (some of whom are friends of mine) have been told that they are not allowed to speak to us for fear of their own jobs so are more than determined than ever. People just can't get away with this kind of thing. Will keep you posted.