can i still go for unfair dismissle

ceri31

i have worked for the company for 2 years now, i have felt and got evidence that my boss has got some sort of problem with me, but i dont know why, she has been leaving me out of alot of things suh as training, overtime etc plus alot more to which i have evidence and other staff members have noticed to..
my doctor signed me off work in dec for gall bladder problems and put me on list to have it removed. i posted my sicknotes in to work every 4 weeks.
in febuary i was told by head office they wanted me to go to the companys private doctor, which i did and by the appointment i had a date fo my op in a few weeks time..
the doctor said i was unfit for work untill after i had my operation and that i was to have atleast 6 weeks off after for recovery..

i was called in again for a meeting to discuss the doctors findings 4 days before my operation, i was told by them that they felt 6 weeks ws to long and was going to terminate my employment, even tho i explained it was only key hole surgary and i shouldnt need 6 weeks off they still sacked me..
and also another member of satff had been on the sick from jan - august and they had no problem with that..

i went to se citizens advice who informed me i had a case for unfair dissmissal due to the fact i had followed the sickness policy and they had a date for me to go back, plus it was unfair to do it so soon to my operation and also the fact ive never had a warning for sickness periods written or verble.
i wrote a appeal to head office.
i had my appeal meeting with a member of head office who went through everything he was really offish with me and also called me paronoid about the boss..
he asked if i was offererd bk to work would i stay where i was to which i said i felt after all this i couldnt work under the boss now as i would feel she would be watching my every more and looking for ways to get me out..
then he asked would i consider a move of homes to which i agreed..

i have since been told that i will be offered my job back but i must stay where am i.
my feelings are the only reason they have offered my job back is they know they was wrong to sack me and that i have a case..
and that i will not be happy working in the same home so i will finish, even tho others homes closer to my house are crying out for staff..
what i want to know is do is have any rights in this can i still take them for unfair dissmissal or even forcing me to quit..

Caroline_a

Your post is quite hard to understand - paragraphs would be good!

I think that if they have offered your job back you either need to go back and act as if nothing has happened, or if you don't think you can do this then leave and find something else. However I don't think it's unfair or constructive dismissal as from the few details you have put they will have bent over backwards for you if they re-employ you.

ceri31

i have been told that i have a case for unfair dissmissal already as i followed the sickness policy where as they have not, i have been told by a very good source that they are only offering me my job back BECAUSE they know i have a case but they are hoping that i will leave on my own accord, as i have told them i dont feel like i am able to return to the place i was working.. by telling me that i have to stay there they hope i will finish, i will not beable to go bk as if nothing has happened because i have made a formal complaint against my manager and as it is a care setting she is always around .....i was treated unfair by her before so i KNOW she is gonna make it worse

Googlewhacker

Phone ACAS and see what they say but if they have upheld your appeal I see very little you can do bar go back to work.

Also please use paragraphs so it is easier to read.

hcb42

I dont think you have a case. THey have offered you your job back, which is something a tribunal could also order.

They made quite a harsh decision, (and they have probably realised that and offered the job back on appeal) but because your sickness is certified, it does not make it unfair. You need to accept it, I would think.

ceri31

i have changed the note now and tried to explain more. and just noticed i spelt dissmissal wrong on the title lol..

hcb42

They followed a process, they made a harsh decision. You appealed, which they heard as part of the process, and overturned the decision, so they have done the right thing ultimately (a lot of employers wouldnt have backed down here!). You are now back where you started, if you go to tribunal I dont think you have much hope here, personally. You will just have to work it out with this supervisor I would think, rather than the stress of a tribunal

getmore4less

Go back and use the fact that you have succesfully won your job back to get more equal treatment.

Raise complaints with head office if you feel you are not getting treated equaly.

Keep you boss on her back foot.

dickydonkin

I had my appeal meeting with a member of head office who went through everything he was really offish with me and also called me paronoid about the boss..

I don't think it was very professional to state such a thing in an appeal hearing - but at least your appeal was upheld.

I would keep a diary of all events involving your manager in the future and take heed of the advice of GM4L on the post above.........while looking for a new job.

DVardysShadow

ceri31 wrote: »

i have been told that i have a case for unfair dissmissal already as i followed the sickness policy where as they have not, i have been told by a very good source that they are only offering me my job back BECAUSE they know i have a case but they are hoping that i will leave on my own accord, as i have told them i dont feel like i am able to return to the place i was working.. by telling me that i have to stay there they hope i will finish, i will not beable to go bk as if nothing has happened because i have made a formal complaint against my manager and as it is a care setting she is always around .....i was treated unfair by her before so i KNOW she is gonna make it worse

OK, you have got your job back. You cannot expect any more than that.

When you go back, you need to have it very much in mind that your reinstatement was 'one up her' and you need to be prepared to stand up for yourself - and if she is not treating you correctly, you nee to stand up for yourself and tell her that you think she is wrong.

You come across as down trodden amd fairly clueless about sticking up for yourself. It will be tough coming back from an op, but I think this will happen less if you start learning to stick up for yourself. Taking the employer to tribunal was a good start.

Strider590

With unfair dismissal cases they can get out of it by offering your job back, but we both know what happens then.... They start looking for other ways to get rid of you, even setting you up to make mistakes. Been there, got the tshirt