Dismissed while recovering from a operation.

28dazzler

Hi all please could i get some advice??

I have been working for my employer for just over 2 years now and back in october 2009 i had an accident at work and injured my ankle? i returned to work 2-3 weeks later and my ankle gave way again after a week (mid November ish) the hospital first thought i had broken it but after swelling went down they couldnt find the mark on the new x-rays (:mad:NHS) anyway was off work untill 20th December and realising my ankle wasnt any better i had untill the 6th of January off with advice from the doctor. Since then i have been back at work untill the 12th of june. During that time after several doctors X-rays MRI scans which revealed 2 ruptured ligaments. my employer was informed of everything that was happening and brought a HR rep in so they could deal with me before and after the operation???
She talked to me about the posibility of finding a new job and retraining as this job had me on my feet all day? i was coping fine at work a bit of pain a bit of swelling thats all.
I had the operation on the 24th of june 2010 the ligaments have been stiched up i`m in a cast for 6 weeks then i dont know whats gonna happen.
The manager & HR rep visited me at home to see how i was and talked about consulting the board to my condition?
Today i got a phone call telling me the board will be terminating my contract as they think i'm unfit for work?

Sorry its so long but can they do this to me?? it seems unfair?? Help please?? Thanks

marydot

Yes they can do this. You can be dismissed due to having too much time off due to sick leave.They have decided you are unfit for the job and have dismissed you. I know its harsh, but they really only have their own interests at heart. They want someone fit to do your job.

oscar52

marydot wrote: »

Yes they can do this. You can be dismissed due to having too much time off due to sick leave.They have decided you are unfit for the job and have dismissed you. I know its harsh, but they really only have their own interests at heart. They want someone fit to do your job.

I disagree with this. While I agree that a company can dismiss for the reasons you give, you need to consider the absence was due to an accident in the work place and maybe possibly a breech of helath and safety?

Googlewhacker

oscar52 wrote: »

I disagree with this. While I agree that a company can dismiss for the reasons you give, you need to consider the absence was due to an accident in the work place and maybe possibly a breech of helath and safety?

It becomes two differant matters, 1 is that the OP may be not capable of doing the job and the second is the reason why. If the OP is not capable and is unlikely to get back to work then he can be dismissed but the company should go about this in the proper way ( a call to ACAS to check on this would be a good idea) and the second is should there be a claim for the injury.

The first can be done regardless of the reasons for the injury

Ewarwoowar2

28dazzler wrote: »

Hi all please could i get some advice??

I have been working for my employer for just over 2 years now and back in october 2009 i had an accident at work and injured my ankle? i returned to work 2-3 weeks later and my ankle gave way again after a week (mid November ish) the hospital first thought i had broken it but after swelling went down they couldnt find the mark on the new x-rays (:mad:NHS) anyway was off work untill 20th December and realising my ankle wasnt any better i had untill the 6th of January off with advice from the doctor. Since then i have been back at work untill the 12th of june. During that time after several doctors X-rays MRI scans which revealed 2 ruptured ligaments. my employer was informed of everything that was happening and brought a HR rep in so they could deal with me before and after the operation???
She talked to me about the posibility of finding a new job and retraining as this job had me on my feet all day? i was coping fine at work a bit of pain a bit of swelling thats all.
I had the operation on the 24th of june 2010 the ligaments have been stiched up i`m in a cast for 6 weeks then i dont know whats gonna happen.
The manager & HR rep visited me at home to see how i was and talked about consulting the board to my condition?
Today i got a phone call telling me the board will be terminating my contract as they think i'm unfit for work?

Sorry its so long but can they do this to me?? it seems unfair?? Help please?? Thanks

They have not followed a fair procedure and I think that you have a very good unfair dismissal claim, based on the info above. However, please could you give me a bit more information:

• Have you been given any warnings regarding your capability to do the job?
• Have you been invited to a hearing to discuss your dismissal or were you just sacked by telephone?
• Has your employer got a medical opinion regarding when you will be fit to return?
• Are you still receiving sick pay (more than SSP) from your employer?

28dazzler

Hi thanks for the advice, In regards to your Questions??
1. No warnings i have never been in trouble at work but the did bring in a HR rep to deal with the situation.
2. They came to my house to see how i was and explained the worst case would be the board would dismiss me? they came on Thursday & Said i would get a phone call on Monday They phoned a day later on friday and told me the board had decided to cancell my contract and i would get a letter to explain it all.
3. They have sent me to a private doctor but no report was ever given as far as i know all the Dr said was i had a bit of a limp!! he never said i was unfit for work. I have a cast on my left leg and this will be coming off in 3 weeks? no Dr has told me after recovery i will be unfit for work. i expect to be back to normal in 4-5 weeks.
4. At the moment and from 28/06/10 i have been getting SSP this will stop on the 8/8/10 as that will be my 30 day notice period over.

Thanks.

Googlewhacker

You need to go and get some proper advice, try an employment solicitor that will give you 30 minutes free time, then if it goes further check your house insurance and see if they will pay for a solicitor for you for an ET

Ewarwoowar2

28dazzler wrote: »

Hi thanks for the advice, In regards to your Questions??
1. No warnings i have never been in trouble at work but the did bring in a HR rep to deal with the situation.
2. They came to my house to see how i was and explained the worst case would be the board would dismiss me? they came on Thursday & Said i would get a phone call on Monday They phoned a day later on friday and told me the board had decided to cancell my contract and i would get a letter to explain it all.
3. They have sent me to a private doctor but no report was ever given as far as i know all the Dr said was i had a bit of a limp!! he never said i was unfit for work. I have a cast on my left leg and this will be coming off in 3 weeks? no Dr has told me after recovery i will be unfit for work. i expect to be back to normal in 4-5 weeks.
4. At the moment and from 28/06/10 i have been getting SSP this will stop on the 8/8/10 as that will be my 30 day notice period over.

Thanks.

From the info you've given me you dismissal is likely to be procedurally unfair, because you were not given a fair hearing to state your case. In addition, how can they made a decision to dismiss without knowing when you will be fit for work.

You could appeal the decision, based on the above (if you've been given the option). Also consider bringing a claim for unfair dismissal. ACAS may be able to give you some free legal advice. Alternative, as the poster said above, go see a solicitor who will give you a free hour consultation. Make sure it's an employment solicitor who spends the majority of their time doing employment work.

28dazzler

Hi thanks for all your excellent advice.

Just to update you i recently received a get well soon card from my former employers which i found a bit cheeky to be honest. And they have advertised 2 new positions within the company and reading the advert its my old position split in to 2 jobs they have just given it a new title and halved the hours. I'm not ofically Dismissed for another week (8/8/10) the interview dates are the 20th of this month and i considered applying but i have been to the hospital today to have the cast off but now i have to wear a Aircast boot for another 6 weeks.

I have had a call from a solicitor and they agree i have a very good case and i'm considering going ahead with it i have 3 months to decide. I'm wondering how long the whole process will take?? Any idea??

SarEl

28dazzler wrote: »

Hi thanks for all your excellent advice.

Just to update you i recently received a get well soon card from my former employers which i found a bit cheeky to be honest. And they have advertised 2 new positions within the company and reading the advert its my old position split in to 2 jobs they have just given it a new title and halved the hours. I'm not ofically Dismissed for another week (8/8/10) the interview dates are the 20th of this month and i considered applying but i have been to the hospital today to have the cast off but now i have to wear a Aircast boot for another 6 weeks.

I have had a call from a solicitor and they agree i have a very good case and i'm considering going ahead with it i have 3 months to decide. I'm wondering how long the whole process will take?? Any idea??

It could take up to a year, depending on where you live. The lists are that long. But based on the information in your post - go for it. Dismissal in these circumstances, with due process, would certainly be fair - but I see no due process in what you have described.

Googlewhacker

SarEl wrote: »

It could take up to a year, depending on where you live. The lists are that long. But based on the information in your post - go for it. Dismissal in these circumstances, with due process, would certainly be fair - but I see no due process in what you have described.

It could take over 2 years if you look at Greendollars thread but that has to be a rarity and isn't the average between 6-9 months?