I'm not having misconduct put on my.l... - Fibromyalgia Acti...

Fibromyalgia Action UK

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I'm not having misconduct put on my.letter of dismissal. Cheeky b***t***s

pudd profile image
pudd
11 Replies

Hi folks. It's been a little while, I hope you are all not to bad. I'very had a bumpy ride. Just don't know where the pains are going to come from next but I was treaten to a surprise week in the sun and daily water massage. It was wonderful and I did feel a whole lot better.

But when I opened the pile of maI'll one of themy was my dismisal from work

I'll be honest I. Wasn't expecting to go back but there was talk of I'll health retirement. Now does anyou know how this would eFfect me financially. I will receive 4 weeks pay in lieu of notice and any holids you pay I'm invited to.

I'm appealing. The main reason being they have had the nerve to put following my misconduct which has happened on more than one occasion. After careful consideration at the meeting held on 13th. My dismisal letter was written on 112th. Apparently my union rep managed to get to that one but has never been available before. He hasn't had the Curtis cycle to enforce me he was there or the outcome or what was said.

I'm appealing against it

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pudd
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bluebell99 profile image
bluebell99

Hi

I think you should contact Citizens Advice, also look at the government website GOV.UK for employee rights.

I think there are some solicitors who are expert in Employment Law who will give free advice for a half hour consultation. You may need to google for one near you.

Good luck

Kay

pudd profile image
pudd in reply tobluebell99

Thank you. I will have to seek help. My unioname have been no support.

Tesco tried to disappoint me when I tore my chest muscle2 yearsenal ago which I firmly believe was the start of all this. Theyou linked time of with depression in with my physical illness and I was scared I would lose my job then. Wish I'd made more of it then but you just want to be in work and have no animosity

Tescos started sending me disaplinary letters this time saying they did the knowledge why I was absent which upset me. I didnt know if had to send them a Dr note when I was sending it to DWP. I've never done this before. But I suppose it's not in there interest you be nice

I'm angry it's come to this.I was a bloody good employee loved my job my manager my colleagues

Personal have done nothing to support me. I've seen her once

She was still pushing me to attend appointments while I was a patient at the mental health hospital 13 weeks I was there and all I got were snotty letiers saying how had she had tried to contact me

I snapped and rang her. Luckily it went to voice mail. I said I've got a mobile leave a text or voice message. Use my home phone it records calls

But I can see now that there was no intention of contacting me

My PM and union man had been exchanging emails or phone calls so when i got a recent appointment I assumed he would know about it but no he couldn't make that one either.

The only one he attended was my dismisal meeting when I was out of the country. And he hasn't had the courtesy to contact me with details of the meeting in case I might want to appeal

Sotry I'm hurt and angry and have just spent another 40 minutes onow the phone trying to get an appealternative fOrm.

Roll178 profile image
Roll178

I don't think they can state that ( unless there is another reason) because fibro is a named condition in the equality ( and disability) act 2010. It covers this so they have to treat you differently. Look it up, copy it and send to them . Good luck !!!

pudd profile image
pudd in reply toRoll178

I can't remember of the top of my head but because there is no actual test for fibro. My letter from the consultant says something like "The patient is suffering many of the symptoms associated with fibro. Then he lists them and puts a treatment plan in place for blood tests physio and phycologist. Work have a copy of the letter but are saying, well theyhave said they don't know why I'm of work. My earlier sick notes said bereavement and depression, depression and anxiety. Depression and suspected fibro. It is only my last one that says fibro. The sicky notes cover 3 months. So obviously if your being tested it's only going to be suspected. What is really irritating me is they keep saying how hard they tred to get in touch and support me. They couldn't even send a condolence card or leavery a text message

pudd profile image
pudd

Thanks. I will have to seek advice away from the union as they were not help and have said not to appeal as I will be askedfor a return to work date

fenbadger profile image
fenbadger

Agreed. May you have the strength to fight this. Ill health retirement may be financially better depending on your service. I think there's an element of laziness in some of these decisions. They're not really helping the company by avoiding a payout. Misconduct may be hard to prove in a tribunal.

XX

TheAuthor profile image
TheAuthor

Hi pudd

I am so genuinely sorry to read this my friend and as the others have said it may help to contact somebody like Citizens Advice or maybe even ACAS? I have pasted you a couple of links below that you may find useful:

citizensadvice.org.uk/work/...

gov.uk/dismissal/unfair-and...

I want to sincerely wish you all the best of luck, and please take care of yourself.

All my hopes and dreams for you

Ken

pudd profile image
pudd in reply toTheAuthor

Thank you

TheAuthor profile image
TheAuthor in reply topudd

Good luck my friend.

deejames profile image
deejames

Hi pudd. Do I understand it that you were on sick leave when you were away on holiday ? Did your employers know that ?

Dee

pudd profile image
pudd

Yes. I'd sent an email informing them in would be out of the country. I've been off for a year now. And between hospitals counselling mobility problems I've been unable to go far.

The trip was a surprise. Organised and paid for by family and friends.

I'm still waiting for either my employer or union send me a copy of the minutes. To be honest I don't know if it's worth the stress. I just felt aggrieved about the misconduct.

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