Dismissal due to stress

juraj.kecso

Hi,

On what grounds are you appealing?

You mentioned that you worked in management previously and did similar meetings for other employees so you will know that no company is expected to keep role open indefinitely, especially if return to work is highly uncertain or unlikely.

It is impossible for me to comment on any procedure your company followed, and what exactly happened as we only have your side of the story here.

However, you quite clearly said that your doctor strongly advised against your return to work, which you shared with your employer.

Were you in agreement with the advice given by your doctor? Were there any reasonable adjustments for your company to consider which would enable your return to work? Did you personally have any intention of ever returning to work?

lincroft1710

If you suffer from stress, do not compound this by going to an employment tribunal, especially one where it is highly doubtful you would win.

Kentish_Dave

What outcome do you want? If you want your job back then when would you intend to return to it and fully carry out the duties?

You can’t really argue for it back while admitting that you can’t do it.

ska_lover

Oh you poor thing

OP it sounds like you have been struggling for a long long time, maybe longer than even you, yourself, realise as stress manifests itself in so many ways we often do not recognise it for what it actually is

You could appeal - but in your shoes, I likely would not - because the entire process is going to be stressful. Which is what you need to avoid now

Sounds like you have a pretty stressful home life - being a carer is very difficult - trying to balance the needs of someone else, with a full time job, and your own personal needs - something is always going to give

My suggestion would be to walk away. Leave it. Even if they reversed the decision, what purpose does this have

It really sounds like you do need to work on getting yourself better, getting some support - see if there are any carers groups in your area etc

Stop trying to be superhuman and accept what has happened - if you keep kicking against your issues (stress) it will only add to the stress. Right now, for this part of your life, you need some time out. There is absolutely nothing wrong in that at all

Take your sicknote, and make a claim for ESA.

At some point in the future, maybe you will be ready for the world of work once again, but for now, focus on today and there is a brighter day coming

sportsarb

Been through a similar process, still in it but recently things became clearer, my employer gave me notice that they were going to dismiss me following a period of notice.

For long periods I battled my own thoughts on what I wanted to happen, or what I thought I wanted, I started a thread or two on here, then once I knew they had done everything they were supposed to do, I was happy for them to let me go, because I realised I wasn’t ready to go back yet.

What do you want?

If they offer you something else, less stressful, will you go back?

Are they really being unreasonable in dismissing you?

I too was told by my union to appeal but it was only when I was told I was dismissed that I started finding any peace. I didn’t appeal. I’ll work to get better now that I feel it’s possible, and I’ll do something else.

Good luck whatever happens.

Dox

Colinw63 wrote: »

I wanted to return but the doctor advised against it. I told my employer this. The Union just advised to appeal the decision.

You wanted to return, doctor advised you not to, you told employer. Union said appeal so despite all the foregoing, you did just that. Why?

steampowered

Sorry to hear about this situation.

There are two types of unfair dismissal cases - cases where the dismissal was unfair because the employer did not follow a fair procedure, and cases where the dismissal itself was unfair.

In this scenario, it sounds like you would have good evidence to show that the employer did not follow a fair procedure. The fact that your out of office said you had left the company does indicate that a decision to dismiss you had been made long before the final hearing.

However, given that it sounds like you were not realistically going to return to work, it sounds like the employer could have legally dismissed you on "capability" grounds, if it had followed a fair procedure.

So it sounds like this is a case where the unfair dismissal was only "unfair", in the legal sense of the word, on procedural grounds. In cases where the "unfair" element is solely down to the procedure the employer followed, Tribunals tend to award much reduced damages. If you google for the term "Polkey reduction", you'll find out what I mean.

It sounds like, if you wanted to, you could have a stab at claiming some form of compensation for unfair dismissal, on the basis of the out of office message. However I don't think you would be looking at very much money.

That's a long way of saying I agree with the other posters that the stress of a fight with your employer is not worth it, and you are probably better off moving on from this and focussing on your wellbeing. I hope the next stage of your life goes better.

As the employer has not yet dismissed you, it is entirely possible that you could be offered a settlement agreement. You could still go to the "final hearing" and make the employer that you are aware of the "out of office" message which appears to suggest that a decision has already been made - just letting them know that might encourage them to offer you some form of settlement. They may not do this and even if they did I doubt it would be very much.

[Deleted User]

Why keep stringing this out.


Employers don't have spare people waiting in the wings to takeover from those who are sick, they want you back at work.


You seem fixated on this ' stress' and the Dr has said you shouldn't go back to work.


Impasse needs to be broken.


My advice is resign and look for work again when you can.

sportsarb

BBH123 wrote: »

My advice is resign and look for work again when you can.

Only resign if it financially makes sense to do so.

Depending on employer they may pay compensation if they dismiss.

Undervalued

BBH123 wrote: »

Why keep stringing this out.


Employers don't have spare people waiting in the wings to takeover from those who are sick, they want you back at work.


You seem fixated on this ' stress' and the Dr has said you shouldn't go back to work.


Impasse needs to be broken.


My advice is resign and look for work again when you can.

Because it is normally in the employee's best (financial) interest to "string this out" unless they have another job to go to.

All the time they remain employed they are accruing paid holiday (roughly one day's pay for every two weeks).

It increases the chances of the employer offering some kind of settlement to "go quietly".

If the employer dismisses there is a reasonable chance of them not doing it properly leaving the possibility of a claim or settlement.

If dismissed due to capability it will be easier to claim benefits than would be the case if they resign.

Also, if dismissed, the employee may be obliged to be paid notice.

All the OP gains form resigning is a feeling of "being free". However it they have decided they are not going back then they already have that in a way plus the satisfaction of gaining some financial "compensation" from the problem employer.