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Unfair dismissal help

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  • Unfair dismissal help

    Hi everybody, I'm new here and was looking for advice. Im not going to go into too much detail about the company itself.

    I've been recently dismissed by a company I have worked with for 9 years. I worked in a call center contacting customers regarding insurance. My partner and I were trying for a baby in October and infortunetly we found out my partner had an eptopic pregnancy and was in bad condition throughout the month dealing with this so I took emergency leave with work. I was in regular contact with my manager letting him know of the situation as the doctor said she would require support for a few weeks. They seemed more concerned about when I would come back to work. When I eventually came back to work after my partner recovered a little, my manager claimed he had been through the same and there was nothing he could do while his partner was in hospital so he came into work. I brushed it off and continued to work. They never checked myself though to see if I was fit mentally to work, I mean.. I lost a child too and had to see my partner get so I'll through it.

    A month later, my manager had a word with me in one if the offices as my call outcomes were incorrect and asked me if there were any reasons for this. I knew my concentration wasn't good at the time and didn't think much of it. My manager said he was concerned as my quality was dipping due to problems outside of work. I apologised and said I was fit to carry on.

    2 months on and I started to feel really unwell with pain in my groin and blood in my urine. I went to the doctors and they advised it could be a urine infection and gave me tablets. As the weeks went on, I found a lump on my testicle and was really concerned. The doctor checked me and advised me to see a urologist to get checked over and have a scan.

    During this time I was taking time off as I was in a lot of pain and stress. I was also taking medication for depression as I was also feeling low. When I came back to work I was in the toilet and tried talking to one of the managers in my department about my pain and blood in my urine and he laughed and said "you know what you have? Cancer!" I was so upset with this I went home that day stressed and worried but didn't want to say anything as I didn't want to cause any trouble with people I have to work with.

    I came back a few days later for an awards day and had a self cert from the doctor ready to give in to have some time off work as I was under a lot of stress. Until the same manager decided to mock me in front of people saying I should be awarded part timer of the year for all the time I had off. And calling me "big balls". After being mocked I was so embarrassed and didn't give my sick paper in. I now think why, as this is where it gets to my dismissal...

    After a few weeks I really felt like I tried my hardest to do my job. I got teased by a senior to the whole team for letting them down as I had high not ready time as I was back and forth to the toilet (in pain). I got pulled aside for a call that was being monitored eventually and my manager was not happy with it as I missed one thing out. He then told me not to worry as he was going to speak to HR just to get me on a performance plan to help. My manager then goes to speak to his manager and then he started listening to calls.

    I got pulled into the office a few days later and he had looked at all my calls during a certain period. (The time after I should have handed in my sick paper as the doctor deemed me unfit to work). And then put me forward to a disciplinary.

    Now, I already had a final written warning last year for incorrect call outcomes (without a single warning prior) and I held my hand up and apologised. But this time I was genuinely unfit to be there at the time of their investigation on my calls. The ops manager (my managers boss) was in my disciplinary hearing and when I stated my case to him and explained everything from my illness to the managers mocking me. He dismissed me due to my conduct for selecting incorrect outcomes. I was shocked how he didn't want to investigate further as what the managers did was technically harrasment due to I'll health. Which is unlawful under the equality act.

    I have since contacted ACAS who is dealing with my case and a few weeks later they got back to me saying that the company I worked for is asking what do I want out of it to settle. I told them I didn't want my job back after the way they treated me and the situation. I have been on higher medication for my depression since as i can't sleep at night thinking how can I support my family now. There has also been a history of suicide in the department because of internal issues with management too. I lost a good dear friend while working there.

    I know compensation is what I can get from this but I don't know how much, I don't know weather to try and settle or seek legal advice for a tribunal. Does anyone have advice please?
    Tags: None

  • #2
    Re: Unfair dismissal help

    Hi Gethin34 & welcome to LB

    http://etclaims.co.uk/tag/negotiation/
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Unfair dismissal help

      Hi Gethin,

      You would be entitled to a "basic award"

      This would likely be 9 times your gross salary (subject to £479 upper limit) and this may be more or less depending on your age.

      Plus, you could get reasonable loss of earnings before you find a new job.

      Potential disability discrimination in there too from what I read, so it is possible for extra compensation for loss of earnings.

      If you don't feel the settlement offer equates to any where newar this, I'd seriously consider lookign for a No Win, No Fee employment/discrimination solicitor.

      Hope this helps.

      Comment


      • #4
        Re: Unfair dismissal help

        Hi both, thanks for your replies. Here is an update...

        After waiting long enough through ACAS, the company I used to work for refused to pay out anything to me. ACAS advised me to seek legal advice but I know the situation I am in at this moment is that I cant afford to pay the court fees if I take this further. I'm so disappointed in the way this has been handled and seems like they are dealing with it as his word against mine. any advice?

        Comment


        • #5
          Re: Unfair dismissal help

          Originally posted by Gethin34 View Post
          Hi both, thanks for your replies. Here is an update...

          After waiting long enough through ACAS, the company I used to work for refused to pay out anything to me. ACAS advised me to seek legal advice but I know the situation I am in at this moment is that I cant afford to pay the court fees if I take this further. I'm so disappointed in the way this has been handled and seems like they are dealing with it as his word against mine. any advice?
          It goes to a tribunal, and not court unless you wanted take the employer (to court) for wrongful dismissal. Do you feel up to representing yourself at tribunal? As long's you have a case, in my view you do; and compose yourself, ie no shouting, making claims that are not true (or cannot back up with evidence), you'll have a fair hearing. It's unlikely you'll have to pay the employer's lawyers costs. You may have to pay costs if you withdraw the case (ie discontinue) without good reasons. ACAS are impartial they can offer general legal advice, cannot take sides therefore or tell you how strong or weak your case is.

          Comment

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