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Discrimination

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  • #16
    Still no update. I have asked to work in any role etc apart from nightshift as i am currently off sick but want to be at work
    My employer is unwilling to do this. They have advised that i will be dismissed for my attendance despite me wanting to be at work.

    I work for a large council.

    Any thoughts

    Comment


    • #17
      Can anyone advise on what i can do

      Comment


      • #18
        Ula

        If you are signed off sick formally they can't dismiss you for your non attendance. Have you heard nothing back at all from your grievance ?
        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

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        • #19
          Sorry i meant dissmissed for my sickness. No word re grievance as of yet. Said it maybe a few more weeks.

          Really worried

          Comment


          • #20
            They cannot just dismiss you for your sickness record without going through a formal process, which would require them to formally write to you about attending a disciplinary meeting.

            In my opinion I think they need to be careful about instigating a disciplinary for you being off sick when they have not yet dealt with an outstanding grievance about making reasonable adjustments under the Equality Act, given that the reason you are off work is because of having to work nights.

            If you work for a large council are you a member of a union? Just a thought as if you are they may also be able to help with legal advice.
            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


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            • #21
              Thanks yes i am a member of an union but to ne honest so far their advice has been very limited and wrong at times.

              Just want it all resolved so that i can get back to work

              Comment


              • #22
                Not the first time I have heard that about union advice.

                I am sure that you do the whole situation must be very frustrating.
                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


                You canít always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.



                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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                • #23
                  Thanks

                  Comment


                  • #24
                    Afternoon

                    Grievance was not upheld. Apart from appealing is there anything else i can do ?

                    Comment


                    • #25
                      In terms of process then your next course of action is to appeal the outcome of the grievance.
                      I do my best to provide good practical advice, however I do so without liability.
                      If you have any doubts then do please seek professional legal advice.


                      You canít always stop the waves but you can learn to surf.

                      You are braver than you believe, smarter than you think and stronger than you seem.



                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Comment


                      • #26
                        Thanks my concern is that due to timescales once a decision is made on the apoeal i am going to miss the deadline for going to an ET i.e 3months minus a day

                        Comment


                        • #27
                          Ok I understand when have you determined that the final date for making your ET claim is?

                          I suggest that you raise your grievance appeal immediately with your employer, but also start the process of early conciliation through ACAS which you need to go through first, since your ET claim will not be accepted without an early conciliation certificate from ACAS. The form that you will need to submit for this process can be found here.

                          https://ec.acas.org.uk/
                          I do my best to provide good practical advice, however I do so without liability.
                          If you have any doubts then do please seek professional legal advice.


                          You canít always stop the waves but you can learn to surf.

                          You are braver than you believe, smarter than you think and stronger than you seem.



                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Comment


                          • #28
                            Update : still no decision as they are still investigating . Union have advised not to apply to employment tribunal until decision.

                            Is it reasonable for me to contact my employer and advise that due to time this is taking which is having an adverse effect on my health i expect a decion within next 5 days.

                            Comment


                            • #29
                              The only thing for me to remind you of is that you have a time limit in which to apply and that is 3 months less a day which i know you are well aware of.

                              Ensure that in waiting for a response from your employer you do not miss that deadline.
                              I do my best to provide good practical advice, however I do so without liability.
                              If you have any doubts then do please seek professional legal advice.


                              You canít always stop the waves but you can learn to surf.

                              You are braver than you believe, smarter than you think and stronger than you seem.



                              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                              Comment


                              • #30
                                Thanks i was advised that as the discrimination is still ongoing then i dont have to worry about that !!!

                                Hope this is the case.

                                I will also be going onto ssp soon as well even although its not my fault :-(

                                Comment

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