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I’m starting this thread for advice on the appeals stage of the process. I have 2 appeal stages before the pay finally stops. Top onsite union guy, and then regional guy. Then the union will ‘make a decision’ on if they will support a tribunal claim. I don’t hold much hope of that based on past experience, so I’ll be prepared.
So today I got terminated on capability grounds due to some muskoskeletal conditions, and other logged conditions, that my employer perceives to be much worse than I’d agree with.
I never left my original role due to these conditions. I left my original role due to a mental health issue caused by my employer not dealing with a grievance in a timely manor. This ended up taking over 2 years to conclude, and is mentioned consistently in my works, & own GP medical history, as a barrier to returning. It is also mentioned by HR numerous time as a barrier to me returning to work in a certain area. I returned with the assurance Id be kept away from the area of the ongoing grievance, but they didn’t keep their end. When I enquired why I’ve not been moved out of this area, I was told I’d have to ‘exhaust the job search process in hall 1 first’
So, in hall 1 (we have about 4 halls), I turned down 10 jobs, stating various reasons for not being capable just to get out of there, as it was a pressure cooker for me to still be in there with the ongoing grievance. This was between Jan-March 2018. I make a written request to leave hall 1 as it’s not good for my mental health. It’s ignored!!
April 2018 - GP refers me for assessment for Adult ADHD. I inform works OH. Assessed. Awaiting trial medication after confirmation by NHS psychiatrist.
March 2018 - I could not take being back to square, I went to see my GP who signs me off. I was suffering anxiety, later diagnosed by a psychiatrist, and at my own expense.
All of this time I’m with OH, who also agree this is a barrier and needs a conclusion.
May 2018 - Found out via a SAR, my employer sent their investigators trying to find out about my part time job. (Taxi)
June/July 2018 - SAR again. They are trying to arrange meetings to see what car I’m driving, and I feel trick me into saying it’s the ADHD medication wait that is keeping me off work, and not the work related stress issues. It was the work stress for the record.
Sept 2018 - Up to this point, they are eager to get me back in. At my own expense, I arrange for a private psychiatrist, and are officially diagnosed with ADHD. Medicated.
Oct 2018 - Diagnosed Anxiety by psychiatrist. Medicated.
Nov 2018 - Grievance over. (Over 2 years!) HR head admitted in minutes had this been acted on soon, is not be here. I want to return. They advise seeing their Dr.
I send an email to HR and tell them now I am medicated for anxiety & ADHD, I feel anxiety was a major barrier to me accepting jobs in hall 1, and that I’m now open to working in there again. I felt I’d used my physical conditions to attempt get out of Hall 1. I now know anxiety was the real barrier.
Dec 2018 - Dr & GP declare me fit. Their Dr with the same restrictions I’d told them I’d used as excuse to turn down jobs...
My union rep told them he felt that the unresolved grievance, and undiagnosed anxiety, was the barrier, and that I’d be happy to revisit some of those jobs. He manager said no anxiety is on my capability sheet, so won’t take that into account, and dismissed me on capability.
So my defence will be approx 20 pages of internal work data where various HR & medical staff state that the ongoing grievance is a major hurdle for me. This corroborates the fact I turned down 10 jobs.
There is more, but trying to keep it simple...
(MOD, maybe delete the other thread as it has now passed)
So today I got terminated on capability grounds due to some muskoskeletal conditions, and other logged conditions, that my employer perceives to be much worse than I’d agree with.
I never left my original role due to these conditions. I left my original role due to a mental health issue caused by my employer not dealing with a grievance in a timely manor. This ended up taking over 2 years to conclude, and is mentioned consistently in my works, & own GP medical history, as a barrier to returning. It is also mentioned by HR numerous time as a barrier to me returning to work in a certain area. I returned with the assurance Id be kept away from the area of the ongoing grievance, but they didn’t keep their end. When I enquired why I’ve not been moved out of this area, I was told I’d have to ‘exhaust the job search process in hall 1 first’
So, in hall 1 (we have about 4 halls), I turned down 10 jobs, stating various reasons for not being capable just to get out of there, as it was a pressure cooker for me to still be in there with the ongoing grievance. This was between Jan-March 2018. I make a written request to leave hall 1 as it’s not good for my mental health. It’s ignored!!
April 2018 - GP refers me for assessment for Adult ADHD. I inform works OH. Assessed. Awaiting trial medication after confirmation by NHS psychiatrist.
March 2018 - I could not take being back to square, I went to see my GP who signs me off. I was suffering anxiety, later diagnosed by a psychiatrist, and at my own expense.
All of this time I’m with OH, who also agree this is a barrier and needs a conclusion.
May 2018 - Found out via a SAR, my employer sent their investigators trying to find out about my part time job. (Taxi)
June/July 2018 - SAR again. They are trying to arrange meetings to see what car I’m driving, and I feel trick me into saying it’s the ADHD medication wait that is keeping me off work, and not the work related stress issues. It was the work stress for the record.
Sept 2018 - Up to this point, they are eager to get me back in. At my own expense, I arrange for a private psychiatrist, and are officially diagnosed with ADHD. Medicated.
Oct 2018 - Diagnosed Anxiety by psychiatrist. Medicated.
Nov 2018 - Grievance over. (Over 2 years!) HR head admitted in minutes had this been acted on soon, is not be here. I want to return. They advise seeing their Dr.
I send an email to HR and tell them now I am medicated for anxiety & ADHD, I feel anxiety was a major barrier to me accepting jobs in hall 1, and that I’m now open to working in there again. I felt I’d used my physical conditions to attempt get out of Hall 1. I now know anxiety was the real barrier.
Dec 2018 - Dr & GP declare me fit. Their Dr with the same restrictions I’d told them I’d used as excuse to turn down jobs...
My union rep told them he felt that the unresolved grievance, and undiagnosed anxiety, was the barrier, and that I’d be happy to revisit some of those jobs. He manager said no anxiety is on my capability sheet, so won’t take that into account, and dismissed me on capability.
So my defence will be approx 20 pages of internal work data where various HR & medical staff state that the ongoing grievance is a major hurdle for me. This corroborates the fact I turned down 10 jobs.
There is more, but trying to keep it simple...
(MOD, maybe delete the other thread as it has now passed)
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