Dismissed - Gross Misconduct - Unauthorised Absence

OFTBC

!!!!!!_Van_Dyke wrote: »

Your union is making up rules and laws that wont be given much relevance by a tribunial

Any inspection before returning to work is entirely set by the employer and has very little if any legal bearing or relevance here
As with the union notification thing. I would add that telling a union of a dismissal might actually breach DPA. Any communication with the union is in my view entirely your job and not theres.

As for the next bit depression is not automatically a disability and if this is their argument I hope that you have very good medical evidence

Overall it seems you have tried to fight the dismissal with completely irrelevent arguments.

What is relevent is what you were dismissed for and nothing else. by going in and arguing completely seperate points you likely have lost your appeal due to poor planning and presentation.

This isn't in my claim. My lam is based around failure to follow procedure, Holding a disciplinary hearing knowing full well I had no knowledge of it etc. The other stuff was only brought up yesterday.

The union isn't making up rules or laws they are just stating what is in the site agreements and what is company policy. All that has been brought up is what is in black and white. It is their rules and policies and they have failed to follow them which is very unusual for them as they usually follow everything by the book.

There is a two stage appeal process to go through first with them and then we will see what happens.

viktory

Irritates me that you feel it is perfectly reasonable to walk out of your job and refuse to attend any meetings, leaving your colleagues to pick up your work because you were 'depressed' and 'bullied' but still want your job back - and have the brass neck to whinge that the company has not followed procedure!

I think it is also very telling that your GP refused to sign you off for 'depression' but still you refused to go back. It was that awful, yet you want to return?

If you do get your job back, your colleagues will be delighted to see you, I am sure. How will you deal with the inevitable backlash from them? The whispering and talking about you behind your back? Do you think you'll get 'depressed' again and walk out?

Uncertain

viktory wrote: »

Irritates me that you feel it is perfectly reasonable to walk out of your job and refuse to attend any meetings, leaving your colleagues to pick up your work because you were 'depressed' and 'bullied' but still want your job back - and have the brass neck to whinge that the company has not followed procedure!

Two wrongs have never made a right! If the company has not followed correct procedure then they are (also?) in breach of contract.

If you don't do these things "by the book" then where do you draw the line?

Orville

To me it seems you did the rite thing by walking out. Obviousily the night shift managers have taken a disliking to you for whatever reason. What fails me is that the manager who went blabbing your medical condition dosen't seem to have been disiplined at all, or have i missed it in one of your posts..?. I would claim that the breach of confidentiality was why you walked out. State that as it had been broken, and the companys lack of support by not taking action against the manager you felt you had no choice but to remove yourself from the situation as you didn't know who to trust because no action had been taken against him.

I would have thought that if you are a manager one of the most important aspects of your job would be staff confidentiality especially if it involves a medical condition.

Orville

Uncertain wrote: »

Two wrongs have never made a right! If the company has not followed correct procedure then they are (also?) in breach of contract.

If you don't do these things "by the book" then where do you draw the line?

Agreed..............................

viktory

Uncertain wrote: »

Two wrongs have never made a right! If the company has not followed correct procedure then they are (also?) in breach of contract.

If you don't do these things "by the book" then where do you draw the line?

Fair comment about the company - but the OP's story just doesn't ring true to me. The OP was sooooo depressed because of the bullying that he had to walk out without a word to anyone and then was too depressed to attend any meetings - oh but his Doctor wouldn't extend his sick note. Then when they sack him, he suddenly wants his job back where he was bullied and picked and his depression has gone away. Yeah, right.

I hope the company have followed procedure, but if they haven't I am quite sure they will next time.

Orville wrote: »

To me it seems you did the rite thing by walking out.

Walking out of a job does not solve any underlying issue does it? It simply makes things worse, so how on earth can you say it was the right thing to do?

Orville wrote: »

What fails me is that the manager who went blabbing your medical condition dosen't seem to have been disiplined at all, or have i missed it in one of your posts..?. I would claim that the breach of confidentiality was why you walked out. State that as it had been broken, and the companys lack of support by not taking action against the manager you felt you had no choice but to remove yourself from the situation as you didn't know who to trust because no action had been taken against him.

I would have thought that if you are a manager one of the most important aspects of your job would be staff confidentiality especially if it involves a medical condition.

And how do you propose the OP proves that a manager 'blabbed' about his condition? My experience in the workplace, especially warehouses, is that staff gossip all the time and leap to conclusions.

Orville

Sometimes within the workplace espically if you are working nights, there is not the support staff around for you to approach. If the OP was being bullied and along with his depression he did the right thing. What if the bullying continued to the point where the OP felt under such pressure he struck out..?. The OP did the right thing.



Proving it was a manager would be hard unless someone would be willing to speak up. But it dosen't mean it didn't happen.

lhd4

I myself have suffered and been treated for depression 3 times in the last 10 years. I have also left a job due to it, (managers didn't understand it therefore didn't want to deal with it, made my life very difficult).
BUT i agree with everyone on here that questions your motivation to want to go and work in a place that contributed to your unhappiness, i can understand the want to make a point but there have to be limits surely? I also find it difficult to believe that actual depression was the problem for you. Were you actually under any form of treatment for it? If so i would question why the doctor gave you only 2 weeks off as most medication (this seems to be the only thing doctors offer easily these days!) take at least 3 - 4 weeks to get into your system.
Just feels like there's a bit of story missing some how.

Sorry but just my opinion

viktory

Orville wrote: »

Sometimes within the workplace espically if you are working nights, there is not the support staff around for you to approach. If the OP was being bullied and along with his depression he did the right thing. What if the bullying continued to the point where the OP felt under such pressure he struck out..?. The OP did the right thing.



Proving it was a manager would be hard unless someone would be willing to speak up. But it dosen't mean it didn't happen.

No, the right thing to have done would have been for the OP to have spoken with a manager, to advise that he was not feeling well, felt he was being bullied and was therefore leaving the building.

In reference to your second point, proof is everything. It is not enough to say that is happened.

sammyjo1979

I think what the OP said is right, when you are suffering with depression you are not thinking straight and are not in the real world. You can't really compare depression.

The OP's scenario sounds very familiar to my OH's. He walked out of his job cos he just could not take it anymore. He was signed off straightaway but he was suicidal too. After months of meetings, doctors etc he eventually decided he did not want to go back and they offered him a severance pay which he accepted.

I agree that you should not just walk out on a place of work. It does make you look unrealisable but however having seen it from the otherside now with my OH, it was not him, he did not know what he was doing really, and that is a scary thought.

As for being clincially depressed and not wanting to do anything, this is true to an extent but the GP's nowadays encourage you to do everyday activities. My OH's GP encouraged him to try keep playing/watching rugby, going out for meals etc. Obviously he didn't do this to begin with. This was 19 months ago and OH is only just back on top and ready to go back to work.

I guess what i'm saying is don't be too harsh on OP. Depression is a very funny thing.

Though also OP, like a lot of others on here, I don't understand why you'd want to go back to a place that has contributed to you being so ill. My OH still has nightmares about his old workplace.