Employment Tribunals

princessdon

[QUOTE=CheekyMonkey22;53130043

fully appreciate the employer's situation, however my area of work (research) is flexible enough to cope with extended absence as secondments and overseas duty are routine and the adjustments I had considered reasonable are well within normal working processes, flexi, working from home etc.

They don't have to - unless it is a recognised disability and even then it is what is "reasonable". Is it a recognised disability that was on your records?

If they really didn't not want me to return, I may have considered a compromise agreement. However, they appear to have tried to 'do it on the cheap', hoping I wouldn't take it any further. [/QUOTE]


What internal grievance process did you take at the time?

Did you appeal the decision, did you inform them in writing that thier decision was unfair?

ET at the moment (from my understanding at the CAB where I volunteer) is that they are favouring those cases that have fully attempted a resolve proior to tribunal.

CheekyMonkey22

princessdon wrote: »

What internal grievance process did you take at the time?

Did you appeal the decision, did you inform them in writing that thier decision was unfair?

ET at the moment (from my understanding at the CAB where I volunteer) is that they are favouring those cases that have fully attempted a resolve proior to tribunal.

I was effectively ignored by my employer until I was invited to a capability hearing, bar being told to sign consent forms and apply for ill health retirement. When I raised returning to work, I was told to wait for the next medical report.

By the capability hearing, I had exhausted my occ sick pay and had been unpaid for 7 months. The decision was made to dismiss me on grounds of capability. I appealed this decision, went to an appeal hearing.

Foolishly, I only realised later just before my appeal, that my employer has not included one medical report in the capability hearing pack. We had briefly discussed its contents, but not refered to it line by line like the other one. Really obvious in hindsight, but I took the other medical report with me as I had only the day before received it and hadn't noticed the other one was missing. I raised this at my appeal as a procedural failure as all the evidence was not reviewed. Appeal was unsuccessful.

CheekyMonkey22

Regarding the dates, I have at the same time simplified and complicated things slightly. I was unpaid for 7 months following exhaustion of occ sick pay.

Year refers to the time I would have been available to work (if I had been allowed) from being "fit" to work in July 2011 and my next surgery in July 2012.

Wyndham

I looked into the definition of disability once, and remember that there are three parts, which are basically:

1) The seriousness of the condition
2) That it lasts for more than a year
3) That it affects your day to day life.

Surely surgery is never going to meet 2? And you've said you were fit for work, so I'm really not clear what exactly you're claiming for.

I decided I wasn't disabled by the defiition, I met 1 and 2, and have some bad days, but not enough to qualify me for 3....

dickydonkin

Also bear in mind that certain benefits may be deducted from any award before you receive it - effectively your employer will have to pay back whatever the DWP asks for and you will get the balance

Just to add that the above would not apply if the employer 'settled' prior to the tribunal hearing. Something to consider if you are offered a settlement prior to tribunal as if you are made an award at tribunal, then yes, the benefit payback may then come into play.

CheekyMonkey22

Wyndham wrote: »

Definition of disability .. there are three parts, which are basically:

1) The seriousness of the condition
2) That it lasts for more than a year
3) That it affects your day to day life.

The respondent has conceded my physical disability already without any argument. Any surgery I have may make my life nicer and prevent any further deterioration, but will not fix the physical problems I have.

Wyndham

CheekyMonkey22 wrote: »

The respondent has conceded my physical disability already without any argument. Any surgery I have may make my life nicer and prevent any further deterioration, but will not fix the physical problems I have.

OK, sorry, I was just trying to help. I wasn't clear from what you've already said, and I'm trying to make sense of a thread I find a bit confusing. I'm still not clear if you are/were fit to work or not?

CheekyMonkey22

Wyndham - Gosh, I must sounds really shirty/miserable in forums! Sorry if I've offended. I have been told before I do explain things a little matter of factly and sometimes it doesn't translate very well.

I really do appreciate you (and others) taking the time to help me understand my situation. It's really difficult to try to give as much information without making myself too identifiable.

Also, any advice I can get here, frees up CAB time for people who need it more than me.

I am fit to work, and willing to work.

Emmzi

Do us a timeline, we are all confused!

date went off ill
date was able to work again
date sick pay ran out
date employer said not to come back
date advised of next op
date of hearing
date of appeal
date ET forms lodged
etc etc

princessdon

Also to add the excellent list above

How long you had been working for them (apologies if this is mentioned)

Date first sick note issued and last sick note.