Going to an employment tribunal - advice needed.

lazarus888

Ive been dismissed after being on sick leave for 2 months. my employer hasnt followed their own attendance management procedures or the advice of occy health. they also havnt provided any evidence of why they dismissed despite repeated requests. i also have many other issues and concerns about the dismissal process. ive submited my et1 and now my union want nothing to do with it due to me wanting to sign up after id been dismissed and the rep id been dealing with has removed himself from the et1. so what happens now?

Jarndyce

You either represent yourself or you pay for legal representation. And the next job you go to, you join the union!

If you're really lucky, you may have household insurance which covers you, but after 2 month sick leave, procedures or no procedures, you might prove a technicaly unfair dismissal but expect your compensation to be reduced significantly if you do.

Googlewhacker

out of interest how long had you worked there for?

lazarus888

Googlewhacker wrote: »

out of interest how long had you worked there for?

since 1994. about 2 years ago i had problems with my lower back and at the time my employer got me a special seat and raised my desk. they recently sent me on a training course without my special seat or raised desk where i suffered another problem with my back. mri scan has shown a bulging disc.

lazarus888

Jarndyce wrote: »

You either represent yourself or you pay for legal representation. And the next job you go to, you join the union!

If you're really lucky, you may have household insurance which covers you, but after 2 month sick leave, procedures or no procedures, you might prove a technicaly unfair dismissal but expect your compensation to be reduced significantly if you do.

i dont follow why any compensation might be reduced - can you elaborate further?

Googlewhacker

lazarus888 wrote: »

since 1994. about 2 years ago i had problems with my lower back and at the time my employer got me a special seat and raised my desk. they recently sent me on a training course without my special seat or raised desk where i suffered another problem with my back. mri scan has shown a bulging disc.

How long was the training course, the company only have to make reasonable adjustments if you are covered by the equality act (which it seems at the beginning they have done) so whether it would be reasonable to transport the special chair for just one day would be debatable. However if the training was for a week or two then IF you requested that it got transferred I could see more on your side of things however if you just expected them to know then I would say alot of the blame lies with you.

What Jarndyce is saying is that techincally they may not have done things correctly in dismissing you but they could still prove that it was the right decision so whilst you may win the case any compensation would be dramatically reduced (sometimes to zero as has happened recently on this board)

As with Jarndyce, check your home insurance and go from there.

Jarndyce

lazarus888 wrote: »

i dont follow why any compensation might be reduced - can you elaborate further?

Two ways.

Firstly, if they find that the procedure was technically breached but, if the employer had followed it, the same outcome would have happened (ie if they had followed a fair procedure you would have been sacked anyway) then they can reduce compensation accordingly.

Or, if they felt you had contributed to your dismissal in some way (more usual in conduct cases eg where an employee punches a boss and is sacked on the spot without any procedure being followed). In these circumstances compensation can often be reduced by 100%.

Mara69

As previously advised, you'll need to either seek legal advice (that you'll need to pay for) or do it yourself. It is possible but you need to be super organised. I think the Union action has been perfectly fair - they are there to help those that support them by paying their subscriptions - before help is required - like an insurance policy.

lazarus888

Googlewhacker wrote: »

How long was the training course, the company only have to make reasonable adjustments if you are covered by the equality act (which it seems at the beginning they have done) so whether it would be reasonable to transport the special chair for just one day would be debatable. However if the training was for a week or two then IF you requested that it got transferred I could see more on your side of things however if you just expected them to know then I would say alot of the blame lies with you.

What Jarndyce is saying is that techincally they may not have done things correctly in dismissing you but they could still prove that it was the right decision so whilst you may win the case any compensation would be dramatically reduced (sometimes to zero as has happened recently on this board)

As with Jarndyce, check your home insurance and go from there.

training course was about 6-8 weeks

Googlewhacker

lazarus888 wrote: »

training course was about 6-8 weeks

Did you request your chair and desk be moved to whereever it was happening?

Jarndyce

You might be better off getting a view from a personal injury solicitor - there are more of them that do no win no fee & free consultations.