Pls help, terminated due to long term absences

mrsbudget

Hi,guys,

hope you can give me some advice. Had a meeting with HR and welfare officer and based on their medical report and my answers to their questions, they decided to terminate me for being off from work from November until now.

From November, I was very down but I was ready to go back to work in February when my Mom passed away. I was in a very bad depression and really could not manage going to work. But before my meeting with my HR, I thought the meeting would be to discuss my coming back but sadly I was terminated.

I asked help from my union and I sent my HR my letter of appeal and a complaint as well since my termination was known now by everyone in my work. I am so confused now and feel very embarrassed and I dont feel going back to work because everybody knew my case now.

Should I just give up and dont bother with the appeal? I am just so stressed again and dont know if it is worth the fight. Althouhg I am so worried as well financially and dont know if anyone will employ me since I have been off work for a long time.

Please help,,thanks very much.

dmg24

Did the medical report say that you were ready to go back to work? Did you state this to them?

mrsbudget

Hi, dmg, well as of the medical report, it was based on the report in July that said I was way far from going back to work but, I have stated that in my letter of appeal that, they should ask the occupational health to see me again for another review before they decided to terminate me. Another thing, I saw my GP yesterday and they saw my progress and my intention of going back to work but HR said, because I was still given a 4 weeks line, most likely I am not fit to go back to work yet.

dmg24

I can see HR's viewpoint, that if you are still being given a four week med cert (which could then be followed by another med cert) you are not ready to be back at work.

When do you feel that you will be fit for work? You say above that you are not sure about going back because everybody will know - do you really want to go back at all? If not, what outcome do you want from the appeal?

mrsbudget

Hi, Dmg, yes I dont really want to go back at all but I just want a good reference so that I can get a job elsewhere.. and about the appeal, to be honest, I dont really know what outcome I want,,is there any other choice other than reinstatement? If yes,, then does that mean, there is no point fighting for the appeal if I dont want to go back anyway?

Sorry,, I feel so confused, doctor said they will send me a letter saying I am fit to go back to work, does that mean, I can go back to work until my termination date which is on the 5th November? Can I request to be transfered to a different department just to have a fresh start since I know it will be really hard to find another job?

Thanks very much...

katsu

If you appeal the options for the person hearing your appeal are to reinstate you (they could agree with you to move you to a different dept but would not be required to do so) or they could decide the decision to terminate was correct. You could ask whether they would allow you to resign instead, but then you would have problems claiming JSA/claiming on insurances etc. Your employer may be reluctant to allow this but you could ask if you wanted to.

If the doctor gives you a note now to say you are fit to return, then yes, you must return and work your notice - you are being paid by your employer so if you are not sick you must go to work.

To be fair to your employer, it is quite difficult for them to have had a medical report (and a 4 week sick note) telling them you are not fit to work, and now suddenly your Dr signs you as fit to return. Their decision to terminate you was based on medical opinions which have suddenly changed, apparently only because they said they could no longer continue to support your absence.

In a similar situation I required the person to return to work, and to demonstrate they were fit to work by coming back to work for part of the time between the date their GP said they could return and the date their notice would have expired. I said if they could prove they were able to work we would rescind their notice, but if they came in, did a few days and went sick, it would prove our decision to terminate on the grounds of poor health was appropriate. Maybe you can agree a similar outcome with your work?

I appreciate you feel embarrassed, they probably feel frustrated and will find the change on your GP's part quite awkward to deal with too. Perhaps if you can put your embarassment to one side - after all, everyone knows you've been off sick as they haven't seen you at work for nearly a year, but I would doubt they have been given all the details relevant to the decision to dismiss you - you can reach a solution with your employer.

vandanfc

Is it worth a chat with someone at acas:

http://www.acas.org.uk/index.aspx?articleid=1410

A small article here also to look at:

http://www.roydens.co.uk/content35.htm

jazzyman01

If they received the report in July, why are they only looking to terminate your employment now? That aside, given the timescale that you were absent it does not appear to be an unreasonable decision.

It is also a little strange that you were "far from being able to return" and given another 4 weeks doctor's note and yet now are able to return. Was your reluctance/inability to return down to the job/department?

It is also confusing that you are "working your notice". When terminating on grounds of absence it is usual to pay in lieu therefore you would not be required to return.

mrsbudget

jazzyman01 wrote: »

If they received the report in July, why are they only looking to terminate your employment now? That aside, given the timescale that you were absent it does not appear to be an unreasonable decision.
It is also a little strange that you were "far from being able to return" and given another 4 weeks doctor's note and yet now are able to return. Was your reluctance/inability to return down to the job/department?what actually happened was, I was supposed to have a meeting on the 18th August with HR and I spoke to the doctor about it. I told the doctor that I feel that I was ready to go back to work and that I would have a meeting with my work to discuss about it. (that time it never occurred to me that I would be terminated) So doctor gave me until the 23rd of August and actually noted down that she was signing me off to go back to work. The meeting was cancelled due to HR unwell. So went back to doctor explained that meeting was cancelled and I need another line since I havent got the chance to speak to my work (HR) regarding returning to work. The way I thought about it, until I have the meeting I cannot go to work so, doctor gave me another line for 4 weeks knowing that I will have a meeting regarding returning to work and that I dont need to finish my line and work before the line finishes.

It is also confusing that you are "working your notice". When terminating on grounds of absence it is usual to pay in lieu therefore you would not be required to return.

sorry, jazzyman, but dont understand what you mean by "working my notice"?

Guys, thanks very much for all you inputs..to be honest, I am getting really stressed again by this and dont know if it is really worth appelling. I am just so scared that I cannot have another job and my family could not have both ends meet.

Do you think if I study, and just to have a break as well and think what I really want to do and supposed looked even for not office job, do you think I will have some support from the government? My hubby is working but not really a good pay at the moment.

Sorry guys,,just dont know what to do..

jazzyman01

Sorry mrsbudget - in your thread you state that your employment terminates on 5 November, therefore you are techincally working your notice.

If you are now fit to work, you should advise the Company. If you are not being paid during your notice, your advising them that you are now fit puts the ball in their court. They either let you return or pay you not to.

Dont let it stress you out.

ohreally

Is the termination on grounds of non-attendance or (in)capability?

What has your trade union being doing until this point and are they aware of the termination? - if not inform them as they will want to know.