Employment Tribunal Help

Ddunn

The policy says you must ring on the first day an hour beforehand, let us know the reason, and estimated return. Contact will follow. For absence more than 7 days you must get a sick note, it is my responsibility to ensure they are sent to personnel. In the event of continued absence you must keep in touch on a weekly basis.

Just a delay in providing them. longest day was due back on the Friday(phoned in), Monday was a bank holiday, handed in on Tuesday.

Pricivius

So in that instance, did your new fit note include the Friday? Are there any gaps in your fit notes?

As it is continued absence, i'm not sure phoning in is good enough - you need to provide fit notes covering your absence and you failed to provide them on time. Were you warned at all? How many times did this happen?

Ddunn

No gaps. So yes the Friday would have been included. I would argue telephoning would be good enough because I couldn't always get a doctors appointment on that day or couldn't get a lift in to hand it in personally and the post would have taken longer than waiting until the next day.
Also one of the occasions is in the first week I rang in everyday. They say I had to hand in a SC2 (self cert) but in my contact it just says you must fill out 'our form' when you return. Obviously I never got to return.

Ddunn

I did receive letter 3 times, 2 of which they have admitted were sent out wrong. On these letters it said I must ring or hand in a sick note

Pricivius

Well, it'll be very interesting to see how they explain your dismissal in the ET3. How long did you work there?

Ddunn

Hi Just a quick update and a few more question. Sorry I haven't been logged on, I've been away.

Pricivius wrote: »

Well, it'll be very interesting to see how they explain your dismissal in the ET3. How long did you work there?

Nearly 2 years.

Got the ET3 and it was basically just a copy of there sickness procedure and saying I didn't follow it and a basic outline of events, eg when I started working there, meeting dates etc.

We have now also exchanged a list of documents and the next thing on the Case management orders are to prepare the the documents in a file (the bundle?)

So am I right in saying now is the time I should be asking for any documents I require on there list and I can also ask for documents that aren't on that list but I know they have e.g. my holiday time sheet for example.

Many Thanks again everyone!

zzzLazyDaisy

Ddunn wrote: »

So am I right in saying now is the time I should be asking for any documents I require on there list and I can also ask for documents that aren't on that list but I know they have e.g. my holiday time sheet for example.

Many Thanks again everyone!

Yes, what you do now is

1 send them any documents that are on your list, but which they do not have (I can't think of anything there might be in this case)

2 Write and ask then to include the documents that you believe are missing, eg copies of all your sick/fit notes; copies of all your holiday authorisation form; etc

I have to say that I am surprised that you were dismissed for gross misconduct for sending in sick notes a day or two late (if that is what happened) as most reasonable employers will accept that sick notes cannot always be handed in on the same day they are received from the GP, and that even if posted straight away, there will often be a time delay of a day or two in them being delivered.

Either there is more to this than we have been told (which is not a criticism) or the employer is going to get its knuckles rapped at tribunal. Even if you have technically breached the reporting procedure, because of delayed post for example, the decision to dismiss must still be within the band of reasonable responses.

Ddunn

zzzLazyDaisy wrote: »

Yes, what you do now is

1 send them any documents that are on your list, but which they do not have (I can't think of anything there might be in this case)

2 Write and ask then to include the documents that you believe are missing, eg copies of all your sick/fit notes; copies of all your holiday authorisation form; etc

I have to say that I am surprised that you were dismissed for gross misconduct for sending in sick notes a day or two late (if that is what happened) as most reasonable employers will accept that sick notes cannot always be handed in on the same day they are received from the GP, and that even if posted straight away, there will often be a time delay of a day or two in them being delivered.

Either there is more to this than we have been told (which is not a criticism) or the employer is going to get its knuckles rapped at tribunal. Even if you have technically breached the reporting procedure, because of delayed post for example, the decision to dismiss must still be within the band of reasonable responses.

There was only one instance where it wasn't a simple case of being a day or 2 late (and where they were going to be late I rang) and that is between Christmas and new year, (3 working days) where I thought the business was closed/you are forced to take it as holiday. And this was during my first of two periods of absence.

The only thing I can think they will want of me is my transcript of one of the meetings.

To top it off, what I hadn't realized until they sent me my personnel file was that my leavers form had been filled in whilst my sacking meeting was still taking place (which I can prove). So I've got them on procedural unfair dismissal at least, which I will be happy with even if the award gets reduced to 0% due to my contribution!

Many thanks for your help, its nice to be able to get quick/helpful answers even when to simple answer!!:)

zzzLazyDaisy

Ddunn wrote: »

To top it off, what I hadn't realized until they sent me my personnel file was that my leavers form had been filled in whilst my sacking meeting was still taking place (which I can prove). So I've got them on procedural unfair dismissal at least, which I will be happy with even if the award gets reduced to 0% due to my contribution!

At the risk of stating the obvious, make sure that the leavers form is included in the bundle, and if your proof is in the form of documentary evidence, send them a copy to include in the bundle too.

You should get a completed indexed bundle before the hearing. Check it carefully, as it does sometimes happen that an occasional document gets left out 'by mistake'. If any documents important to your case are missing from the bundle (or worse have been substituted for a corrected version) you should send a copy to them and tell them you wish it to be included in the bundle as page (either the last page, or if it makes more sense to have it with another doc in the bundle, as page 38a, for example).

Sorry that I am getting ahead and hopefully none of this will happen but it is best to be prepared.

Ddunn

zzzLazyDaisy wrote: »

At the risk of stating the obvious, make sure that the leavers form is included in the bundle, and if your proof is in the form of documentary evidence, send them a copy to include in the bundle too.

In there list of documents they have listed a leavers form dated later than the one they sent me in a subject access request, and this date being after the dismissal. So that could lead to an interesting discussion :rotfl:


Thanks:)