Urgent help required

jbatista

Hi all, I have been off work with depression since the 9/9/09...this morning I have had a letter from my employer saying that they have terminated my employment,.....what now for me????? I am on the sick!
Please help me
I dont know what to do, I have a mortgage to pay too..
My husband does not work either as he is long term sick

Bobl

Not sure what advice to give you really. Your employer clearly believes that you are not capable of carrying out your role either now or in the near future, therefore they are within their rights to terminate you. Did you give them an indication of when you would return to work?

You should speak to the CAB regarding what benefits you are entitled to.

littlestar1981

I am assuming you were invited to hearings etc, not just got this letter as the first thing you've heard since the day you went off sick?

As Bobl says, speak to CAB for benefits advice..

zzzLazyDaisy

The employer may be entitled to dismiss you, it depends on the circumstances. If you can give us some information, this will help us to point you in the right direction

1 how long have you worked for the employer?

2 did the letter come out of the blue or had there been earlier contact from the employer (meetings? phone calls? etc)

3 how long was your current sick note for, and were you expecting to return to work when it expired or was it likely to be extended

4 have you previously suffered from depression and was your employer aware of this?

5 are you under a specialist or is this a GP diagnosis

6 were you in receipt of company sick pay (not just SSP) and would you still have been getting co sick pay if you hadn't been dismissed

7 does the letter confirm that you are entitled to notice pay and any outstanding holiday pay?

Sorry this sounds like 20 questions, but they are all relevant.

Also, you might want to give ACAS a ring (number in the phone book, or find it on-line). They give free impartial advice on employment related issues, and will be able to tell you what your rights are, and what steps you need to take.

jbatista

.HI i HAVE WORKED FOR THEM FOR JUST UNDER 2 YEARS..

.EARLIER CONTACT WAS A 10 MINUTE MEETING TO SEE IF I WOULD BE ABLE TO COME BACK TO WORK...WHICH OF COURSE I DID....THEY MENTIONED IN THE PREV. MEETING WOULD I LIKE TO GO PART TIME..I ANSWERED YES ....

.IN THIS LETTER OF TERMINATION IT MENTIONS THEY COULD NOT FIND ME ALTERNATIVE WORK THERFORE THEY HAVE NO CHOICE NUT TO TERMINATE MY CONTRACT OF EMPLOYMENT.

.SICK NOTE WAS UNTIL DEC 3RD...NO IT WOULD HAVE BEEN EXTENDED AS I AM WAITING TO BE SEEN BY A COUNSELLOR...

.YES I WAS OFF SICK FOR 2 WEEKS PREVIOUSLY IN APRIL WITH ILLNESS..AND YES THEY KNEW I WAS TAKING MEDICATION.

.ITS GP DIAGNOSIS..

.NO SSP ONLY AND LETTER MENTIONS ANY MONEY OR OUTSTANDING HOLIDAYS OWED WILL BE IN MY FINAL WAGE SLIP.


THANKS TO YOU ALL

zzzLazyDaisy

Hi, thanks for replying so quickly (just a tip, please try not to write in capitals as it looks like you are angry and shouting - I'm sure you didn't realise this!)

Okay, you have more than 12 months service, so you are protected from unfair dismissal under the law. It sounds like they have not followed fair procedures, as they suggested to you that you might like to go part-time, but then didn't come back to discuss the situation again when they realised this was not possible. From what you say, they certainly should have had another meeting with you to explain the situation and see whether you wanted to try going back to your old full-time position. Also, before dismissing you, it would have been sensible for them to ask you to sign a consent to request a medical report, and to write to your GP before taking a final decision (unless they have already done this?)

You may also be entitled to extra protection and the right to expect your employer to make reasonable adjustments under the disability discrimination act. That depends on your condition and how it affects you. If they haven't obtained a report from an OHA and/or your GP, they could be on thin ice, but you need full advice on this from someone who can sit down with you and discuss the situation in detail.

Did the letter advise you of your right of appeal?

I suggest you give ACAS a ring as they will be able to help you to draft a letter to your employer. If you wish to complain to an employment tribunal you need to make sure you have covered everything that you are required to do.

They may also advise you to serve a DDA questionnaire on your employer You may need help to complete this, some CABx have a specialist employment adviser. Alternatively, as someone else has said, it is worth checking your household contents insurance to see if you have legal advice cover.

Also, please note that there is a very strict time limit for making a claim to an employment tribunal (take the date of dismissal, go 3 months forward and 1 day back). It is sometimes possible to get an extension of time in DDA claims, but don't just leave it as you could lose your rights. Get advice.

Hope this helps

Daisy

bettybelle

zzzLazyDaisy wrote: »

6 were you in receipt of company sick pay (not just SSP) and would you still have been getting co sick pay if you hadn't been dismissed

Sorry for hijacking this thread but I was curious about this question..is there a difference in your employment rights depending on how you are paid sick pay?

jbatista

Thanks for your fast and helpful advice....Sorry about the caps...

I have 5 days to put in an appeal! Thats not enough time I dont think :-(

Emmzi

jbastisa,

have they asked you to see occupational health

have you accepted or refused

how much longer do you think it will be before you can work again?

Anihilator

Out of interest what is wrong with your Husband?

jbatista

Hi no Occupational health does not exist! Its an abbatoir and wholesale meat shop....
My hubby is long term sick has been for years...several on going health problems..but does not receive anything from DSS