Help!! Contractual dismissal through ill health-recurring illness without any notice

mojeime

Hi,

hope somebody will be able to help

I have been working for my employer for nearly 10 years.
last 7 months I was off on sick leave going thru tretments for my skin and on thop of that had a accident with serious damage to my shoulder.
ma skin problem started as i was in department which definetely made problem to my ability,doktor leters have stated that cant do the job any more on that department but have been sent back to work there because of staff shortage.
I have been called to a meeting to discuss my absence from work due to ill health.
on same day i have been dismissed without any notice it just stated:
your last day of employment will be (date). as soon as is practical you will receive all wages owed to you along with any payment for holiday if appropriate any pay in lieu of notice.
it does say insert number of weeks for pay in lieu of notice but they scored that out
is that unfair dismissal as i have told them that i will know exact day when i can get back to work once i get results from specialist( appoitment first week in feb).
in a staff book it does say : if we end your employment, you will receive following notice(except in case of Gross Misconduct where you will receive no notice)
3 years but less than 4- 3 weeks
4 years but less than 5- 4 weeks
5 years or more- then 1 aditional week of notice for each completed year of service up to a maximum of 12 weeks
I have been working for 9 full years and didn't get any notice doesn't that sound as i was dismissed an gross misconduct if i didnt cet the notice..
what can i do as this hapend first time to me i want to keep my job and don't want to go on benefits.

many thanks.

maninthestreet

If they've dismissed you without a disciplinary hearing, then you have been unfailry dismissed. Did the meeting to discuss you absence due to ill-health take place?

getmore4less

Summary.

The op has been dismissed.

This may not be a lawfull dismisal they need to go back to the employer and find out why they have been dismissd a call to ACAs is probably also in order.

Allthogh I can not see how this lawfull from what has been said so far.
There does not seem to have been proper process for capability or adjustement based on the doctor assesments.
Not redundacy
Not gross misconduct


Needs follow up to see if they change their minds or needs an ET.
Might even be scope for a protection order.

If the termination is OK and not one that allows no notice the op will be due 9 weeks PILON on top of the other payments.

mojeime

maninthestreet wrote: »

If they've dismissed you without a disciplinary hearing, then you have been unfailry dismissed. Did the meeting to discuss you absence due to ill-health take place?

that was the meeting when i was dismissed.
this is what it say it that leter:

-Following our meeting to discuss your Health Referal Report I would now like to invite you to attend a meeting with (name of Manager)to discuss your absence from work due to ill health.
-time date and place of meeting
- this meeting is part of our disciplinary proces and the outcome may result in your dismissal from the company

Uncertain

mojeime wrote: »

that was the meeting when i was dismissed.
this is what it say it that leter:

-Following our meeting to discuss your Health Referal Report I would now like to invite you to attend a meeting with (name of Manager)to discuss your absence from work due to ill health.
-time date and place of meeting
- this meeting is part of our disciplinary proces and the outcome may result in your dismissal from the company

Were you advised of your right to be accompanied?

mojeime

First of all I do have to apologize for my speling and gramar as English is my second language.

Just received letter today from my employer and this letter has been writen to me day before I was dismissed.
IT SAYS:
I write to confirm the desision to dismiss you on date-(day before I was dismmised)

mojeime

Uncertain wrote: »

Were you advised of your right to be accompanied?

yes they told me my partner can come as her english is much better than my.
so she was at the meeting with me but she was allowed only this time. when I asked before for her to be present just to explain things that i did't understand they said that she can't come as she is not employed in the company.

And to let you know this is My Partner writing all and English is her second language also
so if she is making mistakes with writing gess how good is my writing and reeding then.

Uncertain

mojeime wrote: »

yes they told me my partner can come as her english is much better than my.
so she was at the meeting with me but she was allowed only this time. when I asked before for her to be present just to explain things that i did't understand they said that she can't come as she is not employed in the company.

And to let you know this is My Partner writing all and English is her second language also
so if she is making mistakes with writing gess how good is my writing and reeding then.

They must, by law, allow you to be accompanied by a work colleague or a trade union representative. They can allow others, such as family, but don't have to.

DVardysShadow

mojeime wrote: »

First of all I do have to apologize for my speling and gramar as English is my second language.

Just received letter today from my employer and this letter has been writen to me day before I was dismissed.
IT SAYS:
I write to confirm the desision to dismiss you on date-(day before I was dismmised)

When was it posted? It looks like a decision was made prior to your hearing, which means that you did not get a fair hearing... Keep the envelope.

mojeime

DVardysShadow wrote: »

When was it posted? It looks like a decision was made prior to your hearing, which means that you did not get a fair hearing... Keep the envelope.

cant see the date but also forget to say that dismissal leter already has been filed and signed by manager so it nedded only my signature he didn't signed in front of me