Is there a case to be heard?

Jelly_legs

I wonder if there`s any legal eagles on here?

I lost my job recently. I have a neuro condition called cerebellar ataxia of unknown cause ( query MS) Basically I had been off sick for 7 months as I coudn`t walk etc. I was referred to occupational health who said that they felt I was positive and mentally fit to do my job (teaching) but the current facilities in my School would not allow me to do my job. She said in her report that I should contact Access to Work, which I did straight away. ATW said they could help me and sent me a pack of forms to sign.

However in the interim period, my Head Teacher prepared a report to dismiss me on the grounds of ill health, even though she stated in the referral to occie health that she would "put in place all supportive measures possible" However, she didn`t give me chance to allow ATW to come in and carry out a work place assessment. That was the only the recommendation occupational health made.I feel that this was not "putting in place all supportive measures possible" I was sent a copy of the dismissal report, asked to sign a letter to say I had received it and given a letter inviting me to the dismissal hearing. (which was to be held Bl**** well up two flights of stairs and no lift!)

As you can imagine I was feeling pretty vunerable at the time. I stated that I felt this was not right so they made me redundant instead.

I`ve recently had a few conversations with "official" people such as the disability advisor at the Job Centre who have said that the Head Teachers actions were illegal and contravened the DDA.

I`ve decided to send all my paperwork ( I kept all correspondence) to my teaching union and they are looking at it to see if there is a case to be heard.

I just wanted opinions really......do her actions sound legal?

Any thoughts would be appreciated.


JLx

dmg24

Why was the union not involved in the dismissal process? Did you attend the hearing? Do you realistically think that you could continue teaching with your condition (with reasonable adaptations), and was your GP happy to sign you as fit for work?

The DEA at the JCP knows nothing about the law, so whilst I am not saying you do not have a case, I would not place any importance on what they have said.

TOBRUK

Hi Jelly_legs, so sorry you are going through this. I'm afraid I don't know what the legal stance is and haven't a clue whether what has happened to you is lawful or not. However, my opinion and feeling on this, for what it's worth is that what they have done must be illegal!

Did you at any time tell your Head Teacher that you didn't feel you would be able to come back to work?

It is disgusting and I would fight it. Have you spoken to your GP or consultants? I would speak to them to see what their views are about your health and whether they think in future you will be well enough to do your job - even if it was part time. If you have their support, perhaps they will be able to write reports to support your case.

I really hope your teaching union will fight your corner. Perhaps you could get a solicitor's opinion on this also.

Did you tell them that you could no longer teach because of your illness? When they referred you to occupational health who did you see? Surely if they weren't a specialist in your illness how could they assess that you would be unable to continue your work?

I hope that you get good advice and please fight it. Wishing you well and sending you hugs. Please let us know how you get on.

It is discrimination in my view.

Jelly_legs

dmg24 wrote: »

Why was the union not involved in the dismissal process? Did you attend the hearing? Do you realistically think that you could continue teaching with your condition (with reasonable adaptations), and was your GP happy to sign you as fit for work?

The DEA at the JCP knows nothing about the law, so whilst I am not saying you do not have a case, I would not place any importance on what they have said.

Hi

Fair point about the DEA, but she did get me thinking. There are teachers who are in wheelchairs so why could I not teach in mine! I realistically believe that I could have returned to teaching with the adjustments that ATW were suggesting but the Bursar admitted the school did not have any spare money ( even though we do not know how much the work was to cost) so I`ve begun to wonder if that was a factor. My GP said she would be prepared to give me a Fit Note on stipulation that adjustments were made for the lack of my mobility

Jelly_legs

Hi Tobruk,

Nope, at no point at all did I tell School I could not return due to my illness. The only negative conversation I had with them was that I needed ATW to come in to make the assessment and the work to be carried before I could return and that timescale was out of my hands. However, ATW thought it could have all been done over the summer holidays once it was agreed.

My gut instinct is that it isn`t right.

Oh, btw with reference to the point the other person made about where was my union in all of this......the answer is my rep was off long term sick with stress! I did contact another local rep but what I should done is contact the regional HQ which is what I have now done. The HQ team have said they will go through all the letters and reports and let me know if they are prepared to support me in taking the School to a tribunal of some sort. If they say there isn`t a case then I guess I will just have to swallow it.

TOBRUK

Well I wondered whether it was a cost issue for the school. When you were off work for those 7 months did they get a 'supply' teacher in? As I know schools have a budget and supply teachers are paid more - this could be the real issue. Not only that but wouldn't want to spend more to make adaptions for your needs - but it's discrimination against disabled people.

Did the Head start making suggestions to you while you were off sick that maybe you should consider whether you would be able to come back to work??
I hope you have copies of all documents / correspondence that you had from your employer, and kept a diary, dates etc of what, when and where it happened! Have you any document from OH, letter or report stating you were fit to do your job if changes were made to your working environment? I'm glad you saw a DEA, they would have been able to help you, given you support and arranged things with your employer.

This is not only illegal but it's discrimination.

TOBRUK

I'm glad you have contacted the regional HQ - your gut instinct is right. I hope they get back to you soon, it isn't too late to do something about it at all and don't let anyone persuade you different! However, perhaps it would be worth seeing a solicitor just to see where you stand legally.

Did they allow the ATW to make an assessment? Do you think that the DEA could also help - perhaps he/she could also advise.

Jelly_legs

No, that`s my real bug about the whole thing. ATW were not given an opportunity to assess. I contacted ATW straight after my OHU appointment on the Monday. I had an over the interview to discuss my needs. The documents arrived on the same day as the letter informing me of my dismissal (four days later) so the Head had already made her decision without allowing ATW in.

The OHU report ( by the senior OT) was really positive in the sense that she thought if the adaptations were made I would be able to return.

But HT just swept the whole thing through within the week.........

Yes, they did pay a supply so I can understand it was expensive but I`ve got 10 yrs service so my sick entitlement was actually 12 months.

I kept everything including the documents from ATW and the letter saying I had contacted them. I`ve also got a copy of the report which HT compiled which includes atleast 3 documents (minutes from a meeting, a letter to me and a OHU referral) that states the School would "put in place all reasonable adjustments" to allow my return to work. Which they didn`t because the didn`t give ATW an opportunity to even assess my room! I also have an OHU report from the beginning of my sickness absence stating that my condition was likely to last more than 12 mths so therefore covered by the DDA

I still have the ataxia ofcourse but I`ve adapted to it so I feel in a good mental position to take this on if it does go to a tribunal.

Will keep you posted! .....and thanksX

dmg24

OK, there are a few issues that you need to consider. Based on the information given, it would appear that the school did jump the gun in dismissing you, but it is possible that you would have been dismissed even if procedure had been followed correctly. The first issue I can see are that any adaptations made must be reasonable, taking into account practicality, finances etc. Sometimes external funding can be sourced, so it would not be sufficient for the school to simply say that they did not have the funds without at least having explored other options (especially as they do not know what the adaptations were). The second issue is that of a health and safety, and obviously that encompasses those around you as well as yourself.

It would be impossible for anybody to give a more informed opinion without more information. Let us know what the union say when they have reviewed the info.

Jelly_legs

Thanks dmg24.

I guess the whole reason the union have asked for all the letters etc I have is so they can make a decision based on factual evidence that is in black and white rather than my interpretation of events. I understand that and I know that they cannot risk backing me in a case that has a significant possibility of being lost. With this in mind, I have to be patient and let them scrutinize the documents in their own time.

I was told that the school would have to stand the first 20% of any costs incurred by adjustments recommended by ATW and there would be a grant available for the rest of the cost.

I will update you on the Union decision.

JL

Savvy_Sue

What's interesting is that they made you redundant: that should only happen if the work is no longer there, whether or not you are fit to do it isn't a relevant question.

Mind you, better redundant with 10 year's service then dismissed on capability grounds, both in financial terms, and in terms of finding employment elsewhere if you feel able to look for it.