Unfair?

[Crickintheleg]

Good eve to all.

Dont know if anyone on here can help. But would be grateful nor any advice. I recently started a new job and during my tenure in this job was diagnosed with fibro.

Work didnt know anything abt fibro and didnt provide a new and/or different chair or help with heavy files etc.

Had an informal chat with HR once who reset my bradford factor and said if I triggered it again a more formal approach will have to be taken.

When I was signed off ill (no meds yet, still figuring it out with doc and rheumatologist, so in a lot of pain) HR would phone daily asking for updates. I felt quite harassed by this.

On Thursday I got an email saying id been sacked, or rather failing their new joiner process.

What do I do now?

[BlueMermaid3]

Hi there

You must get some professional advice.

Go and see someone from the CAB to see where you stand.

Don't do anything until you have received some advice from somewhere.

I doubt that we wil be able to offer you direct advice about that here, but just point you in the right direction.

You could also try an organisation called Turn2Us.

Ken TheAuthor (Admin) will be along soon. I feel sure he will be able to give you some other links too.

Wishing you less pain and more peace

Lu x

Administrator

[Crickintheleg in reply to BlueMermaid3]

Hi,

Thank you so very much for replying. This (fibro) has seriously knocked me for six and its nice to know that there are people out there who understand that its not made up.

[BlueMermaid3 in reply to Crickintheleg]

Hi

You're very welcome. I have had Fibro, CFS/ME, Hypermobility Syndrome plus more for 30 years. I can assure you very much that it's not made up.

I am sorry for the brief reply. I've been up since 5am and am shattered.

I will chat with you again tomorrow.

Lu xx

[TheAuthor]

Hi Crickintheleg

I really am so genuinely sorry to read this, and I have pasted you some links and excerpts below, so I sincerely hope that you find these useful:

*From ACAS Website:

*It depends on the situation, employment status and whether a minimum qualification period has been reached. To claim unfair dismissal as an employee, you must have worked for two years if you started work on or after 6 April 2012 and one year if you started before this date.

That said, all employees win basic rights from the beginning of their employment, including the right not to be dismissed on grounds that are classed 'automatically unfair'. This would include dismissal because of family-related reasons (such as pregnancy and parental leave), union representation, age, sex, religion, belief, race, sexual orientation and so on.

'Gross misconduct' - seriously bad behaviour, such as violence, theft, fraud, and incapacity due to drugs or alcohol - can warrant a 'summary dismissal', and many take that literally to mean an instant sacking without notice.

It may be true that some matters are so serious that they breach contract and don't require notice to be given. But employers must still follow a fair and consistent disciplinary procedure and show that they have adhered to the Acas Code of Practice 1 - Disciplinary and grievance procedures - as for any matter of discipline.

They'd need to tell the employee of the allegations, investigate and establish the facts, give the employee an opportunity to respond and then to appeal. Without due process, the dismissal is likely to be regarded as unfair, or wrongful if it's in breach of contractual terms.

Employees - including those on a probationary period - are entitled to statutory notice of one week if they've been in continuous employment for one month up to two years. After that, it's two weeks' notice rising to a maximum of twelve weeks for each further complete year of continuous employment.

*ACAS Guide:

acas.org.uk/index.aspx?arti...

GOV.UK Dismissing Staff:

gov.uk/dismiss-staff/overview

I would personally take care of your finances as a priority and visit your GP and explain the situation and ask for a sick note. Then I would apply for both ESA and PIP, as you will be in a much better position to do anything when you have a regular income coming in. I have pasted you the links to these benefits below:

How To Apply For PIP:

gov.uk/pip/overview

How To Apply For ESA:

gov.uk/employment-support-a...

I would also contact ACAS and see where you stand under employment law on this? I want to sincerely wish you all the best of luck.

All my hopes and dreams for you

Ken

[Crickintheleg in reply to TheAuthor]

Thank you very much for your replies and advice. Will be calling ACAS and CAB tomorrow asking for advice.

Will be raising a grievance as well as I have to exhaust the internal processes first.

I dont think asking for a new chair and a DSE assessment is unreasonable.

Will keep you updated.

Thanks again

[Newtali in reply to Crickintheleg]

You are def entitled to work desk assessment. Access to work can be contacted for advice on any equipment needed for you to continue to work and depending on the size of the company they can provide funding for any special equipment needed. Sounds to me like you have been very badly treated. I have been provided with a chair, head set for the phone, foot stool and a special penguin mouse. Yes that really is what it is called!

I wish you alll the best and hope you get justice.

[Crickintheleg in reply to Newtali]

Justice seems to be slow going!!! This is by no means a small or poor firm, and I am becoming rather exasperated.

Am tempted to email the chairman tomorrow.

[TheAuthor in reply to Crickintheleg]

Good luck my friend