need some advice please

[kenboon]

Hiya

Just been to see my DR, its the first time i'v seen her since i was dissmissed from work. She is very angry that they have dissmissed me for not being able to do night shift. But mainly the fact that my work have not written to the Drs about my condition before dissmissing me nor brought there own GP in to access me. The fact they laid 13 people off the next day tells its own story i think. I think they have tried to dissmiss me so as not to pay any redundancy pay. She has sent a fax for me to Citizens advice and has told me that she is willing to fight my corner for unfair dissmisal. But i'm not sure i can fight it at the moment. Its drove my anx levels sky high as you can imagine. Is it worth making myslef very ill again :shrug:

Thanks

Ken

[bottleblond]

Ken

I think they have done you a great injustice here. You're so right, By dismissing you, they have saved themselves a pretty penny by not paying out on your redundancy. NASTY!!!!

If i was you, I would get onto your local union rep and seek advice from the CAB. If the work think you are going to fight this. Your employer may not want the hastle and decide to pay up. It's all a risk hun.

Either way, i wish you the best of luck

Love Lisa
xxx

[kenboon]

Thanks for the reply.

Unfortunatly they dont have a union, they have inhouse reps instead. He was present for the meeting but did not say to much about it. I'm going to ring them up today and find out exactly why i was dissmissed as i have had no further coms from them. But they did say it was the fact that i could not do nights and that they had to provide cover for when i was off. There not a small company either, they have factorys all over the world. They also said i had a back to work interview, which never took place. I stated this in front of my rep and was told that they were not going to dig out the paper work there and then as they were too busy. And they also said i had signed this, which i didnt as it never took place. After the intial shock i'm now very angry. I damaged my hand badly at work at the begining of the year and was taken to hospital by them over it. When i got back to work i was asked if i had any medical evidence that i damaged my hand, even thought they took me to hospiatal as it was very swollen?. so i went to the DRs got written off for 2 weeks and went back to after a week basically for moneytry reasons and never saught and compensasation even though my tendons still have damage. Before that i was exposed to alot of oily smoke and was off with one chest infection after another. The first instance they gave me a Dust mask to help with the smoke? It went on for a few weeks until i saw on the third instance and she wrote them a letter voiceing her concerns as i was coughing up almost pure black phlem in front of her. They have taken the mikey out of me quite abit especiall health and safety wise. Yet not once have i ever saught legal advice. Although 1 guy at work cut his chin on a part and they paid him over a grand?

Rant over sorry. I'm just so frustrated at the moment its made me fairly ill again.

Ken

[ladybird64]

Hi Ken

I have been following your story recently and what you have written today is the icing on the damned cake. :mad:
I agree with Lisa, if you're able to, I think you should challenge their outrageous decision. This smacks of bullying to me, the fact that they laid off all the other people shows that they are up to something.
I know you're exhausted with the anxiety but after all that you have been through to get yourself back to work, don't let them get away with this.
You won't be alone, you have your Gp's support and the CAB will act on your behalf plus the fact that people here will be rooting for you.
I hope you find the strength to take your anxiety and frustration and channel it into something positive..they have treated you badly my friend and you deserve better.
Good luck with whatever you decide to do. :)

[kenboon]

Thanks

My Drs sent a fax to the CAB regarding this today, but she said it may take a little while to get an appointment with everything thats going on. She was fuming this morning. She actually said that she thinks there banking on me because of my anxiety disorder not to pursue it legally. But as far as she is concerned they have had no letter from the company asking about the condition and how it effects me, nor have i been seen by there own in house GP. Going to ring them up now and tell them my findings.

Thanks

Ken

[freakedout]

Hi Ken,

Grrrrrrrrrrrrrrrrrrrrrrr, sorry you are having to go through all of this, as ladybird said you did so very well to go back to work. It might be an idea to ask them for a letter explaining why you are dismissed from work, if you have something in writing it might help you fight your case. I can imagine you are filled with dread even thinking about contesting the way you have been treated but with your GP on you side that is an excellent start, CAB should be able to support you with this too, if not, are there any soliciters in you area that offer a free first consultation where you can find out exactly where you stand. Good luck with it, you are worth so much more than being treated like this. I hope you can find the strength to fight.

Freaky

[kenboon]

Thanks

Well i'v just had a letter through the door from work. it reads as follows

Dear Ken

Following our discussion on Thursday 27th November 2008, I am writing to inform you that your contract of employment with us has been terminated with immediate effect.

This decision has been reached on the grounds of capability. Any outstanding holiday pay, numerations and bonuses shall be paid into you bank account on Friday 19th December 2008.

You have the right to appeal against the decision made. If you wish to appeal, you must submit a written appeal request to the Assistant Plant Director within 7 days from the date of this letter.
Please note, the outcome of the appeal, could result in lesser or more severe action being ruled.



Basically it looks like they have gone along the road where i'm not capable to do the night shift. Scare tactics at the bottom are uncalled for too.

Ken

[ladybird64]

Well Ken, you may be dealing with sky-high anxiety levels but you managed to spot that they are using scare tactics. :winks:
I'm not sure how these things work but if it was me (argumentative so and so that I am!) I would inform them that I intend to lodge an appeal against the decision.
I would also mention that your GP is supporting you in your appeal as she has had no contact from them, that CAB have been contacted and that you are considering taking legal action over unsafe work practices that have necessitated hospital treatment for you in the past.
I'm getting carried away here..:winks:
If you do decide to take them on, I sincerely hope you take them for a lot. I mean a WHOLE lot.
Bunch of barstewards. :mad:

Good luck Ken :)

[STEPHYUNO]

Hi there, no-one enjoys the feeling of being taken advantage of and it seems that your employer has taken the opportunity do that, so I would agree with some of the other responses and urge you too pursue it through the C.A.B. and perhaps get legal representation as you may get that free.
I totally empathise with you when you say you don't feel up to the stress and stuff, but it needn't be stressful, there are people trained to fight your corner so let them do that. Even if you don't get the outcome yopu desire, I'm sure your self esteem will be boosted by trying and showing these people that you deserve respect and what is due to you, good luck, Steph.

[kenboon]

Thanks

I feel so let down by them. I worked for them for over 2 years very hard and all of a sudden i'm incapable to do my job because i'm ill :lac:. The letter i received is dated the 1st, therefor i have lost alot of time to appeal against the decission with them. Could this cost us alot of money then? To be honest we are going to really struggle as it is money wise. I really do feel like they are taking advantage of my condition and putting the knife in.

Thanks

Ken

[Veronica H]

:bighug1: Hi Ken

CAB is free, and they are a respected organisation. If they ring your company on your behalf or send a letter, it could persuade them to offer you something. If you have been with your company for over two years you have more rights as regards the procedures they should follow.

Best wishes
Veronica

[freakedout]

Hi again,

I think you can send a letter asap informing them of your intent to appeal the decision to terminate your employment and that your reasons for this will follow in due course. At least then you have responded asap, perhaps mention that you only received your letter on the 4th December. This will at least give a chance to lodge the appeal and give you a chance to get the support and advice you need in expressing your reasons.

Good luck with it, keep us informed we are behind you with this, although I appreciate that it is still very worrying for you.

Take care,

Freaky

[kenboon]

Thanks for the replies and support :).

I have decided to go the CAB route and not contact work as to make them aware of the situation. The way they have tried to bully me in to submission i feel is so wrong. I was really illl because of all of the stress yesterday and maybe that was there aim to make me back down.

I'v been having the fight of my life for the last few months with anxiety and panic attacks and by backing down on this i would be letting myself and others with this horrific condition down.

Thanks again for the support

Ken

[HeatherMc]

Lots of luck to you ken hun employers can be a absoulute nightmare! I am off work at the moment and I can forsee something similar happening with mine.

Hope you feel better soon hun and things start looking up.

Heather

[ladybird64]

Morning Ken.

You know you will always have support here mate.

Just one thing to add to your last post..I kow you have decided to use CAB but don't forget to send your company a quick note telling them you intend to appeal and that their letter didn't reach you until the 4th.
That's all you have to do, just a couple of lines, then nothing more.

Keep us posted :)

[kenboon]

Morning Ken.

You know you will always have support here mate.

Just one thing to add to your last post..I kow you have decided to use CAB but don't forget to send your company a quick note telling them you intend to appeal and that their letter didn't reach you until the 4th.
That's all you have to do, just a couple of lines, then nothing more.

Keep us posted :)

Thanks for the replies.

Just wondering as to why i have to write a letter to work? By not doing it, surely i am just taking it out of there hands rather than them wanting to do it internally.

Thanks

Ken

[kenboon]

Bit of an update on this.

I'v been harrased quite badly by work since this, for example lots of phone calls ect. They aranged a couple of new dates for appeals, but i told them i could not attend as my representive was ill and i was too ill to attend and could they change the date to january as did someone from welfare rights. Anyway they refused and held it without me although they didnt inform me.... i just got my p45 the next day. So now welfare rights are now going for unfair dismissal on my part. I'v got to write up a witness statement on all of the events, both prior and after my dissmissal. But i'v been told its a very strong case as there are certain procedures ect they did not follow.

Its set me back quite badly with my anxiety, but no way am i going to let them make me ill and get away with it, as a family member said to me they think they can walk all over me as i'm ill.

I'll keep this thread updated in the future.

Thanks for al the support :)

Ken