Some of you may remember me I have been fighting for my employer to recognise I have/ had a visual impairment due to graves
I have been bullied harassed intimidated to the point I was signed off work with work related stress anxiety and depression
All my pleas for help have been ignored recommendations from occ health ignored and even the fact that I was flagged up under the equality act where ignored
The union have blocked me getting proper strong representation to the point I haven't been given proper support they won't even recommend me for legal advice even though they take £15 a month
I don't know where to turn to for help I have 10 days to appeal Can someone help or advise me please
Acas said I have an open and shut case but can't help me
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123hih123
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Bypass your local union representatives and ask for the contact details of the Regional Officer of the Union. You are paying your subs for representation from the union and that is what you need now. In the mean time to keep with in the timescales for logging your appeal, send a letter to your employer stating you wish to appeal against their decision of dismissal on ill health on the grounds that they have not taken their own Occ Health recommendations, they are not acting with in the legislations of the Equality Act.(if you don't do this, they will just say you are out of time). They will then have to set up a appeal meeting that will be with a different manager who will have to look at all the evidence. It will get you some breathing space whilst th
e employer tries to sort that out, for you to get the union to pull their finger out and get representation for you. Which union is it? If you are getting no joy, contact the head of the union. You have paid in, you need them to do something now! I hope it works out for you xx
TeddyM's response is excellent. I just want to say I'm sorry that you have had all this extra baggage from work which you could well have done without all of the anxiety it entails.
Sometimes, workplaces just make excuses and they don't really understand what's going on in our bodies due to maybe insufficient/unsuitable medication too.
Agree with TeddyM's advice. As a contingency do you have 'legal cover' on your household or car insurance? Local CAB can help or if you live near an University Law Department they often run Pro Bono case work. Where are you?
In that case you must appeal that decision. I cannot believe your Union is not supporting you but failing that go to th CAB or a solicitor. You definitely need help. Good luck.
I'm not legally qualified but if they dismiss you then you would have a case for an unfair dismissal claim for which payouts are substantial. They will know this. I don't know how you can protect your job but you will be able to get compensation. Proper legal advice is needed and you should be entitled to this through your Union surely.
Please make you you put a letter of appeal in ASAP, that is the first step. If you contact the Union it self they will help you. Good luck but you must fight.
Unions for some time have been taking fewer cases on to Tribunals,but there is no excuse for failing to represent members in the work place. Teddy and Janey have provided good options. The charging at Tribunals has reduced cases by around 70% which is deplorable.There are idiotic or misguided claimants but there are also some bad employers who will now get away with bad behaviour.
Employers must make adjustments for disabled employees ,disabled being defined by specific inabilities to carry out some every day activities.
However,no employer can be expected to continue to employ someone who is regularly absent or making errors whatever the cause .
Along with the other advice I would contact the Citizens Advice Bureau for your area as they should be able to point you in the right direction for help. There may be an advocacy service where you can get an independent person to help with your appeal.
You could also try the Acas Helpline first as they can tell you all the steps an employer must take by law to dismiss someone fairly. They have info on the website as well. The helpline is 0300 123 1100.
Also it's worth contacting local solicitors and asking if they do a free 30 minute initial appointment for some advice. I used to work for a firm who did this and although they are hoping for paid business they will give you an idea if you would have a successful claim for unfair dismissal if you chose to go down that route and will be able to give you advice about where to get help or mediation.
I'm sorry this happened to you. It truly impacts our lives when we are not leveled. I think work places need to do s better job helping people. I had pulled my back out and we were moving and I am only one packing and corporate knows what happened to me. They have not had anyone help me. I'm on meds and I'm doing what I can but I can't lift over ten pounds by the doctor. My work doesn't care if any of this gets done and I'm doing what I can but no, I'm not lifting. I am doing a job that I'm not suppose be doing. Nobody cares any more is what I run into. I think employers should be more involved with their ppl. They did cover this under workers comp but no adjustments were made. They should have made adjustments for you. I'm truly sorry.
Am so sorry to hear what is happening to you. Do put that letter into your employer as advised but also make sure you not only contact head office of your Union by phone but in writing/email so you have proof. They have a legal duty to provide you with urgent proper representation & clearly haven't. The written word is generally more powerful then spoken because it's solid.
Yes you are covered under the DDA but for reasonable adjustments so the biggy will be if the employer has done this & if they can reasonably do more. With some employers this can be a loop hole which is why you need proper skilled representation.
I am sorry that you are in this position. It is difficult to find the energy to fight back sometimes but do your best.
As has been said it is important to stick to deadlines so as to keep in the loop whilst you get support. Local union reps often seem to act like they are doing you a favour. They are not. You pay to retain their services and are entitled to them. It may be worth checking the union handbook or web site to see what support they state they are able to provide. Contact the regional or head office to arrange the support you are in need of rather than leaving messages for the local rep.
You can also get advice or support from the Equality and Human Rights Commission (equalityhumanrights.com). Possibly quickest via their helpline 0808 800 0082. They can give more specific advice on disability law and can advise on other agencies who may be useful.
Check whether you are with an EAP (employee Assistance program) . Some employers pay in to these like the NHS or DWP etc and they have free legal advice.
I am really sorry you are having a rough time with your employers. I went through the same situation with my employers after I was diagnosed with Thyroid cancer 2 years ago. My line manager bullied and harassed but she thought I wasn't in a union until I had had enough of 16 weeks of harassment and then got them involved. My local rep delayed things and I had an occupational health medical which confirmed i was unfit for work. My local rep referred it the regional office who negotiated a severance package as i couldn't physically or mentally return to work. I also felt that i i did go back to work I would have been forced out without financial recompense. You need to take it to the regional legal team and get them to work on your behalf but in the meantime write a letter of appeal to your employers. I refused to speak to my boss on the telephone and did all my communications by email or letter.
I hope this helps but you're welcome to PM me if you need to.
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