Dismissal due to ill helath

EL.Smith

I will be watching this thread with interest. OH had (has) a very similar arm/tendon problem, though not through and obvious accident. She literally lost the use of her arm/shoulder and could not move her hand at all for several weeks (hospital ruled out a stroke) and was signed off work for 4 months. She had just started a new job on a 12 month contract and they made it impossible for her to return to work, she asked them to let her return p-t (our GP also wrote medical certificates saying she should be assessed by occupational health to return p-t). She sent them her medical certificates every fortnight and tried to speak to her managers but was told every time they would phone her back when they weren't busy. Eventually they sent her a letter saying they had been unable to make contact with her over the phone and were shortening her contract. She has had to find other work as her statutory sick pay was about to end and is now working much more hours for less than half the money.

amaru, I hope your hospital tests happen quicker than they did for her.

amaru

ckerrd - I was given a leaflet that explains the 8 steps to lifting and carrying. Nothing else was done.

jdturk - I do scan then pick up but some items are quite heavy and with a scanner on one hand you naturally lift more with free hand/arm. We are on a daily percentage and do not have time to take scanner off then lift then put scanner back on.

EL.Smith - Thanks and sorry to hear about your other half. As it stands at moment it will be 3 months from start of injury to hospital appointment. I also have very limited use of hand/wrist. I lose sensation and colour when i use it. Wrist is still swollen. I have had xrays and ruled out arthritis and any bone problems.

Clark80

Did you see Occupational health? Did the company suggest it? How long from the time you went off to being terminated? Apart from lighter duties what else did they offer you?

Truth is if you can't do the job they hired you for and can't find anything else in the company then that confirms they have tried for you but without success so can terminate you for capability.

amaru

I never seen Occupational health but did speak over phone to them and i also signed a release form so OH can have access to my records. As for time from start of second time of injury to terminated it is 6 weeks give or take a day or so. Yes we discussed other options like transfer to other departments but i am not trained in office areas and no jobs suitable on work floor. Also discussed moving to stores but they said capability will be main problem.

I fully understand the needs of the business. I am employed to do a job and currently not doing it. It is the speed everything as moved that i feel is in some way wrong. There is nothing i could do about it.

jdturk

amaru wrote: »

ckerrd - I was given a leaflet that explains the 8 steps to lifting and carrying. Nothing else was done.

jdturk - I do scan then pick up but some items are quite heavy and with a scanner on one hand you naturally lift more with free hand/arm. We are on a daily percentage and do not have time to take scanner off then lift then put scanner back on.

EL.Smith - Thanks and sorry to hear about your other half. As it stands at moment it will be 3 months from start of injury to hospital appointment. I also have very limited use of hand/wrist. I lose sensation and colour when i use it. Wrist is still swollen. I have had xrays and ruled out arthritis and any bone problems.

unfortunately you have all the time you want now...I do hope things get better for you soon

McKneff

Put a claim in, go and see a solicitor, you can get a half hour free consultation.

I dont know why youre hesitating. You can claim for your injuryand your loss of earnings.

amaru

I guess main reason i have been hesitating is because i have been waiting for todays meeting to see what happens. I honestly thought they would wait until outcome of hospital appointment. Also at the moment i have no confirmation of injury or extent of injury and i am waiting to make sure what the doctor said is right.

Uncertain

What is not comming over very clearly in the above posts is that there are two issues here......

If the accident was in any way your employers fault them you may well be able to claim compensation for any losses you suffer as a result.

However......

Even assuming it was their faut this does not affect your employment rights one way or another. IF they have followed the correct procedures regarding sickness absence then they MAY be within their rights to dismiss on the grounds of capability. The fact that you were injured at work does not affect this any more than if you had a skiing accident.

However, if they are found to be at fault for the accident then dismissing you will obviously increase your losses and the value of your claim.

It may well be that your dismissal is unfair as it does sound as though they have not followed a very detailed procedure - you need to get advice on this as you may have a valid unfair dismissal claim to take to an ET.

I would suggest calling ACAS in the first instance about your dismissal and contacking a no win no fee solicitor about a possible injury claim ASAP.

amaru

I have been reading various websites and it does seem that they are perfectly within their rights to dismiss me. I will give ACAS a call in the morning and explain situation to them. I guess i am just venting my anger at the whole situation.

I have another question for those in the know. I am currently recieving SSP through my now ex employer. Do i just go to the jobcentre and tell them whats happened and they will get in touch with ex employer about my sick note?

notisis

I agree with McKneff -go see a solicitor. You may be covered for employment/pi claims along with your household contents/buildings insurance and/or motor insurance so will be covered "free". Check and give their advice line a ring then if not covered go see CAB and a local solicitor offering free half hour advice. On the face of it being injured a second time is key here.