Dismissed by my Employer

pheocougs

I'm looking for any advice I can get from anyone!!!

For the last 24 months I have been off work for long periods on sick leave and had the obvious threats from my employer about my future with the company, a local bus company. Anyway the day before I was due to start my holidays in May, I was summoned to see the duty manager who advised me that he was going to suspend me because he had received a complaint from another employee. When I asked what the allegations were, I was simply told that I could not be provided with any information until such time as the investigation was completed. before I could say anything further, my union rep, jumped in and said 'Oh well he is going on holiday for 2 weeks, so it will have to wait'. Despite my advising that I was simply taking time off from work, as holiday, the duty manager said he would take the time to investigate the complaint.
13 days later, I received a typed 'note' on plain A4 paper stating that I was suspended until a date a week later when I was required to attend a disciplinary investigation. prior to the date of the meeting, I was rushed into hospital where I remained for the next 10 days. I supplied medical certificates from the hospital and my GP advising that I was 'unfit for work etc'. However, my employer sent a supervisor to the hospital to 'interview' me concerning the complaint. However, the ward sister ejected the supervisor stating it was not appropriate conduct.
I have not been fit to return to work since May this year and have provided my employers with the necessary medical certificates. My line manager has taken it upon himself to contact my GP and question the diagnosis of two senior consultants at the local NHS Trust hospital, and also the medication I have been prescribed. This has annoyed my GP and his colleagues and also the consultants. Furthermore, my manager was sending a supervisor to my home at either before 5.45 am or after 9.30pm to 'hand deliver' a letter and because I was not in a position to actually answer the door and receive this letter in person, being attached to several medical apparatuses including a dialysis machine, I was accused of not being home. I complained to the company that these visits were unacceptable as in the space of a week, I received no less than 22 visits and none of which could be classed as 'welfare visits'.
Demands that I attend disciplinary meetings were not ignored and I contacted the company by fax advising that I could not attend for medical reasons and on the advice of my consultants, as the additional stress from my emplyer was having a detrimental effect on my health and recovery.
Last week I received a letter advising that if I did not attend the latest hearing, my employment would be terminated without further notice. On Monday several colleagues phoned me to advise that I had been sacked by the company. I was officially told by letter today at 9.00am
I have already started action with the Employment Tribunal against my employer for both Sexual and Disability Discrimination and this is presently going through the 'tribunal' process.
My Consultants have advised that there is no liklihood that I will be fit to return to work for the 'foreseeable' future as I am suffering from several condions including kidney disease and cancer.
My employers have never offered any support or assistance and their latest action was to stop paying any further sick pay and delaying giving me the necessary forms so I could claim benefits.

What I would like to know is ; - Can the company actually dismiss me, if I have not been able to attend a hearing and have provided valid medical certificates

DVardysShadow

I think the answer is that yes they can dismiss you on capability grounds [you are not well enough to do the job]. But they have to use the proper process. I don't think they can sack you on the complaint from another employee, because you have not been given a chance to answer the allegations. But even on capability grounds, they have not, it would appear, given you a chance to address their process.

This looks to me like a quite amateur attempt to get rid of you, by devious means, when it appears that straightforward means were available. How it would play out if you took it to a tribunal, I am not sure.

pheocougs

Thanks for the quick response !!! If the company had any compassion at all, they may have been able to sort something out for me where by I could have continued to work other than driving a bus, as they have done for other people but as I simply didn't fit in with management because they were responsible directly for my being off with pneumonia last Christmas, where i was rushed into hospital having only been back at work for two weeks following a chest infection, they gave me a bus where the heater didn't work and left me for 4 hours. I only got off as I took the bus back to the depot, having vomitted all over the cab.

Hammyman

Are you a bus driver? If so, have you contacted DVLA about your condition? It may be that you are not fit to hold a PCV licence due to your health. By not informing DVLA of a notifiable condition, you may be prosecuted and insurance invalidated.

The list of notifiable conditions are here - note that these are general and not LGV/PCV which have tighter rules:
http://www.direct.gov.uk/en/Motoring/DriverLicensing/MedicalRulesForDrivers/MedicalA-Z/index.htm

Googlewhacker

Sounds like they have made a right botch job and whilst I have every sympathy for what you are going through I have sympathy for the company who has someone that in your words off work for long periods on sick leave costing them money for no work during these periods.

I am surprised they let it go this long before trying to dismiss you and they should have gone down the capability route rather than try and from what I can see you saying fabricate a complaint.

Just because they were able to sort out other roles for other people does not mean they can do it for everyone, the role is either there or not.

Did you complain at the time regarding the heater not working? You have a responsibility of care to yourself as well as the employer.

Even so, it does not mean that their actions were correct and have you got solicitors or union to goto, have you checked your home insurance to see whether you have got cover to get a solicitor?

KiKi

Firstly, I'm sorry you've been so ill with both kidney problems and cancer, it sounds serious and horrible.

As DVS stated, a company is entitled to dismiss you on the grounds of capability; obviously, they cannot pay sick pay indefinitely, especially when there's no idea when you may come back to work.

However, they do need to follow an appropriate process, and knocking on your door 22 times in a week when you're on a dialysis machine doesn't quite meet the right standard.

SarEl or Lazy Daisy may be able to better advise on what process they should be following; I don't know in enough detail, I'm afraid.

All the best for your health
KiKi

Googlewhacker

Yes 22 visits in a week is disgraceful.

pheocougs

I can actually sympathise with the company for my long sick absenses but these have been outside of my control where I have been confined to home because I couldn't venture too far because of serious bowel problems to be polite.

Whilst I have been off, I have attended every meeting they have requested, including attending the company doctor, who simply declined to question the consultants whose care I am under. As for the 'complaint', they refuse to show me any evidence unless I pay the costs under the 'Data Protection' legislation.

And trust me on this one, if your face fits, you get anything from the company including support, they even 'created' jobs to keep people on and they continue to do so.

I certainly complained about the heater not working and followed the union 'agreement' about keeping the vehicle on the road, but when it is cold enough to freeze the inside of the screen, that is a problem. I am aware that I have 'responsibilities' to both myself and my employer but when it is unsafe to drive and the company insist you remain out, so they can save their profit margins, that is out of order.

The union representation at the depot is a joke, they haven't provided any support. I am now dealing with with the regional union office and I also have a solicitor representing me.

The company have pulled this action numerous times in the past and have 'relied' on the employee to simply accept it and not do anything such as going to a tribunal

DCFC79

Can i just add that im sorry you are ill and are in this situation re being sacked through no fault of your own, cant really offer any advice but i hope you get well, cant imagine what your going through but it seems the employer hasnt followed the right process, hope it gets sorted soon.

Googlewhacker

I really do feel for you and they sound like they are making a big big hash of things and opening themselves up big times.

pheocougs

I have already contacted the DVLA and the Traffic Commissioners and both have confirmed that my conditions do not affect my PCV entitlement