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Sacked for being sick abroad?
Comments
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Hi, thanks for all of your advice. I never actually spoke to a manager directly. Our system at work is that when you call in sick you phone the manager's office. There is supposed to be someone there 24 hours a day however in practice that's never the case. When that happens you leave a voicemail. I left three voicemails over a two week period, with a direct phone for them to call me back. One of the managers even confirmed to my parents that they had received a voicemail but later retracted the claim. I even got through to a colleague who passed the info on which was disregarded as hearsay.
I'm not really worried about the flat, my friend collected most of stuff, plus it was a dump anyway even my back-pay I can live without but the organisation's approach to these issues is "sack-and-settle". I really don't want the hassle of having to go through that process and luck for a new job.
My issue is now is that I was charged with not informing my employer and failure to provide the requested information until I got the fit-note from my GP.
I've had trouble in the past, I needed time off to go to hospital for my heart. I requested the time off 6 weeks in advance and provided all the letters from my hospital (which the company claim they lost) and to cut a long story short it was only after a charity intervened on my behalf that I was told to go off sick if I wanted to go.
I've been intructed to attend a discplinary interview, however they won't tell me who the chair is, and haven't supplied the information I requested in order to defend myself (stating I have everything I need) which would have easily been able to demonstrate how chaotic the organsiation is how emails,letters,memos and voicemails are routinely ignored/not received.
In addition when suspended I was never provided a reason for the suspension. It was only 6 weeks later, after I wrote to them (special next day delivery) that they bothered responding (in an email exchange the month before I was told the reason would be clarified shortly). Even then it took a week for them to get back to me. To be honest I'm preparing myself for the worst. Thanks for the opportunity to vent.0 -
When you were treated abroad, who paid for it? what info did you provide regarding your injuries?
If you provided a hospital letter, then you should be covered.0 -
Ihatecameron wrote: »If you provided a hospital letter, then you should be covered.
It isn't a simple as that. Op says
'My employers requested info regarding my injuries, which I supplied (whiplash, bruised spine, bruised ribs)'
That letter on its own does not explain why he did not return home for a further two months, since it is unlikely that level of injury would prevent him flying. Many disabled people fly, including people on crutches and in wheel chairs. OP has a pre-existing condition, but it didn't stop him flying out there, so in the absence of more detailed medical evidence it is difficult to understand how these injuries could have delayed his return for two months.
It is also difficult to reconcile the statement that his injuries required on-going hospital treatment, but at the same time he was unable to get medical confirmation of his situation because he had no insurance so couldn't afford to see a doctor.
More importantly, it seems that, from the employer's point of view, OP went awol, and for two months they had no way of knowing when, or if, he intended to return to work. Internet access is everywhere these days, and most people would have e-mailed or faxed their employer to let them know what was happening rather than leaving a couple of messages on an answer machine.
I am sorry if this sounds harsh, but it is likely to be the thought process that the employer is going to go through, so it is up to OP to get that information now. He was treated at a hospital which advised him not to fly. It ought to be possible to obtain confirmation of this from the hospital records, and also confirmation of the first date that he was given medical clearance to fly.
When my friend was injured abroad and later needed documents to support an insurance claim, the foreign hospital faxed a copy of the file to the insurer very quickly (on payment of a fee). Since the employer is insisting that tey received no communication from OP, it would also be a good idea to get a copy of the records from the phone used to make the call, to show that OP did in fact attempt to make contact.
I'd suggest that OP starts getting his evidence together to back up his story, otherwise he is going to be on a sticky wicket.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
i would join the union!mfw'11 No68- 55k mortgage İO--little to nothing saved! i must do better.0
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That letter on its own does not explain why he did not return home for a further two months, since it is unlikely that level of injury would prevent him flying. Many disabled people fly, including people on crutches and in wheel chairs. OP has a pre-existing condition, but it didn't stop him flying out there, so in the absence of more detailed medical evidence it is difficult to understand how these injuries could have delayed his return for two months.
What about head injury causing memory loss, I know its a long shot, it is slightly better than admitting you went awol for 2 months.
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