Appealing long term sick dismissal

fideliofan

Hi everyone, I post on other forums but using a new account for obvious reasons. Hope you can help.

I was sacked last month and need some advice regarding appealing my dismissal for being off on long term sick. Basically I've been off work since July 2017 on long term sick with stress. I was dismissed for 'capability' last month but I spoke to my doctor and she said that she thinks I am now fit to return. I appealed on this basis but this week my employer has rejected it. Isn't this exactly what appeals are for?

What can I do?

nicechap

fideliofan wrote: »

Hi everyone, I post on other forums but using a new account for obvious reasons. Hope you can help.

I was sacked last month and need some advice regarding appealing my dismissal for being off on long term sick. Basically I've been off work since July 2017 on long term sick with stress. I was dismissed for 'capability' last month but I spoke to my doctor and she said that she thinks I am now fit to return. I appealed on this basis but this week my employer has rejected it. Isn't this exactly what appeals are for?

What can I do?

It sounds like you've already appealed and its not been upheld. Appeals are primarily a fresh pair of eyes hearing the case afresh, with the ability to put right any procedural errors in the original decision making process.

As your doctor thinks you're fit to work, the most practical thing you can do is to find a new job.

If you mean, how can I get my old job back, you will need to have some deep pockets to tide you over to take a case to a tribunal (6 -18 months?), and have evidence that the decision to dismiss you was unlawful. Its generally a very stressful process - use the forum search function and see how others have faired.

JReacher1

I doubt you would win a tribunal case. At the point you were dismissed you had been off sick with stress for over 12 months, it appears that after you were dismissed you then became better and were ready to return to work. Unfortunately at this point it is too late. You are better off seeking neither job.

Sadly even in these more enlightened times people do not take stress as a serious illness and often are very unsympathetic to people who suffer from it

Dox

fideliofan wrote: »

Basically I've been off work since July 2017 on long term sick with stress. I was dismissed for 'capability' last month but I spoke to my doctor and she said that she thinks I am now fit to return.

If I understand you correctly, you only thought about asking your doctor if you were fit to return to work because you'd been sacked...? Surely if you felt better you could have returned to work before it reached the point of dismissal?

If the dismissal has already taken place and you then recovered, your best bet is to start job hunting. Provided your former employer followed its own procedures, the dismissal is highly likely to have been fair.

PersianCatLady

When did you start working for the company?

Was it prior to July 2016?

Les79

fideliofan wrote: »

Hi everyone, I post on other forums but using a new account for obvious reasons. Hope you can help.

I was sacked last month and need some advice regarding appealing my dismissal for being off on long term sick. Basically I've been off work since July 2017 on long term sick with stress. I was dismissed for 'capability' last month but I spoke to my doctor and she said that she thinks I am now fit to return. I appealed on this basis but this week my employer has rejected it. Isn't this exactly what appeals are for?

What can I do?

You were sacked last month for being off long term sick (stress). This sacking results in you having no job/income to go back to. Despite that fact (a sacking is pretty stressful for most people!), your stress level has GONE DOWN to the point where you are fit enough to attend work.

Not buying it.

PersianCatLady

I cannot understand why anybody would ask a question on a forum like this and not come back to answer questions that people have asked.

nicechap

PersianCatLady wrote: »

I cannot understand why anybody would ask a question on a forum like this and not come back to answer questions that people have asked.

Select one or more answers from the following list:

a) they do not like the answers they are getting

b) they do not actually want answers, just opportunity to vent so they feel like they are addressing their problem(s)

c) they are researching answers for their employment law course

d) they are generally inept and cannot recall their password

e) they are a wind up merchant

f) they are a MSE bot, endlessly recycling queries to drive traffic up

g) they enjoy people giving them emotional support but aren't interested in practical solutions

h) google translate mashes up the answers given so they cannot understand what is asked of them

i) they found the answer on another forum so why come back here

j) they lack normal social skills of society (often evidenced in their original post)

bugslet

JReacher1 wrote: »

Sadly even in these more enlightened times people do not take stress as a serious illness and often are very unsympathetic to people who suffer from it

They waited a year, a lot of people would be exiting after 6 months, so in this case, I think the company has been very sympathetic.

Takeaway_Addict

fideliofan wrote: »

Hi everyone, I post on other forums but using a new account for obvious reasons. Hope you can help.

I was sacked last month and need some advice regarding appealing my dismissal for being off on long term sick. Basically I've been off work since July 2017 on long term sick with stress. I was dismissed for 'capability' last month but I spoke to my doctor and she said that she thinks I am now fit to return. I appealed on this basis but this week my employer has rejected it. Isn't this exactly what appeals are for?

What can I do?

You were ill at the time of dismissal so its likely to stand, you could argue a reasonable adjustment but to me this is very thin and they gave you over a year to recuperate which is much longer than most employers.


As has been put it is probably time to get another job

Takeaway_Addict

JReacher1 wrote: »

Sadly even in these more enlightened times people do not take stress as a serious illness and often are very unsympathetic to people who suffer from it

Seriously? Over a year and thats unsympathetic???