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I've recently been dismissed, and they upheld the decision at the first appeal. I believe it is all connected to a grievance I placed in, and they've not treated me fairly. I know I can raffle, so I'll try to timeline it...
July 2016 - Filed grievance against manager after an unfair holiday booking refuse
Oct 2016 - We missed a family holiday as issue was not sorted... I was signed off with work related stress by my GP (I get my medical records, and put a few PI claims in in an annoyed state)
Nov 2016 - Company actually received the grievance, somehow late??
Dec 2016 - I later find out in June 2017, that this grievance was closed in Dec 2016 while I am off work
Dec 2016 - May 2017 - They lost me in the system, there was no contact other than me sending sick notes in awaiting grievance
June 2017 - HR absence manager contacts for invite to absence review. They don't know why I'm off!! I tell them, the they inform me it was closed....!!
July 2017 - They re-open grievance under a new ticket, they promise to move me out to hall 2 to avoid confrontation, so I agree to return....
Aug 2017 - I return to work. At this point I have no restrictions. I'm in the care of 2 union reps, who run the restricted workers program to find people new jobs in Hall 1.
Sept 2017 - Dec 2017 - I'm tucked away on a temporary checking job...
Jan 2018 - I enter the restricted workers program where we meet in the centre of Hall 1daily. I'm not happy, this manager is floating around and I'm feeling very very anxious
Jan 2018 - They are offering me jobs in Hall 1. I tell them I was told I'd be moved out of Hall 1. They say "well we have to exhaust the job search process in Hall 1 before we search outside it"
Jan 2018 - I write a request to be move out of Hall 1 as there we're workers moving there at the time. Handed it to the union man, he said "I'll ask the boss" It was ignored. But it turned up in a SAR in 2019 on my files.
Feb 2018 - I have 2 calls recorded (2019 SAR) 1st I ask about grievance status.
2nd is after the union man put me on the line this manger was on. "Ignore him". I couldn't, I was losing the plot, hyperventilating, fight or flight. A horrible experience. I told him I'v got to leave, he said "well contact your manager" The offending one... Can I go to Occy Health then|? "I cant do that" I walk outside, phone HR requesting them to reefer me to O Health asap. "Can't do that, contact you manager". I explained why I can't "Contact managers manager"....I explained he's also doing that job so not an option. I explain that I'm struggling mentally, and now feel trapped. "Oh well, that's the process sorry cant help"...... I was having an anxiety attack, it's clear from the recoding now. I go back in, and I'm sat in a rest area for 5 hours as I can't get signed out. I see my GP, and prescribed Anxiety meds.
Jan 2018 - March 2018 - I turn down 10 jobs. They are showing me jobs where I'm clearly too tall and cannot access where I need too. I feel they are forcing me to turn down jobs. I log some niggles with OH to get out of Hall 1. Some I've had while I've been doing my old job fine.
Jan 2018 - I'm referred for assessment to the local NHS mental health team for ADHD assessment. I inform Occy Health
March 2018 - They are not moving me out of this hall it seems, it's a pressure cooker. I repeatedly tell OH in regular meetings. I'm signed off again, work related stress.
May 2018 - They send their ex detective investigators to spy on me as they know I have a 2nd weekend job. (FOUND OUT IN 2019 VIA SAR)
June 2018 - They take pic of a car they believe is mine. The investigator asks them when Im next in sdo they can see what car I drive. I turn up a grievance hearing for the grievance hearing for the one I filed, no manager turns up. I think this was where they me in to spy on my car. (I FOUND THIS OUT IN 2019 VIA SAR)
March - Aug 2018 - I am still having monthly meeting with OH, where I state the grievance is the barrier, they agree in their report to management that it's the reason I'm off, and suggest its dealt with. They've said they since the start in their reports.
June - Aug 2018 - Internal emails suggest they are trying to steer me towards me saying my ADHD investigation is why I'm off work, so they can nail me for the 2nd job. My medical records with my GP & work all stage its the 2 year old grievance which is the barrier. Even a HR head said this no doubt is having a "detrimental effect on his mental health" I have this evidence.
Up until now, they are actively trying to get me to return to work.
Aug - Sept 2018 - Frustrated with he speed of the NHS, I pay for private diagnosis at my own cost. Diagnoses with Adult ADHD Sept 2018
Nov 2018 - Diagnosed with Generalised Anxiety officially by psychiatrist, medicated.
Nov 2018 - Grievance (from July 2016) concluded. A joke outcome. They never look at all of the evidence I'd provided, and due to the time it took, said they couldn't tell if then manager had done wrong. They say I have highlighted flaws in their processes, and this manager (chairing grievance) will address them. HR head says in minutes "It's a shame it wasn't dealt with sooner, as you'd not be here now" as in off work, suffering, with no job!
Nov 2018 - I tell them I feel better, and I want to come back. I want my restrictions off as I feel the at the time undiagnosed Anxiety was why turned down the jobs in Hall 1. I email them a letter stating I feel the now diagnosed anxiety was the barrier, and why I turned down the jobs in Hall 1
I tell them I know loads are taking VR, and I could try their jobs out. They keep me off to see their Doctor in Dec...
Dec 2018 - My GP signs me fit, their Dr signs me fit to return on Jan 2nd 2019, but wont remove the restrictions although condenses them as some overlap ...... however I'm told to wait until they contact me....
My new condenses restrictions sheet is ready to be sent plant wide for a job search.
Jan 2019 - HR to HR email saying they "prefer me to not to come back until hey find me a role" (FIND OUT IN FEB 2019 SAR
Jan 2019 - Hundreds retire, and hundreds come from another site to fill this roles (our contract states mobility of labour across sites, which we have around 5 with approx 20k employees in our country). At meetings I tell them Im actively sparring & runningagain, and feel physically fine.
Feb 2019 - (I later find out) That they send my last stage whole plant jobs search out, 7 weeks after they received it, and after the jobs were filled end of January 2019.
April 2019 - I email my unhappiness at being put at a disadvantage by not being there to try jobs. I'm told they have found 7 potential roles in Hall 2. I go for an absence review, agree to return. Before I can return, I'm called to say the jobs have gone!!
May 2019 - Get an invite to capability assessment with company Dr. He won't budge on the restrictions even though 2 of them are recoverable tendon issues I say are now feeling fine. I do burpees in the meeting. I disagree, he agree to amend, I go back later for the copy, it clear says on his screen "I am happy for him to try roles unrestricted to see how he feels" He asks me to leave while he prints it, he gives me a different tone I didn't check !!
May 2019 - Invited to Capability Review where they say I'm being referred to the final stage where capability will be decided. I ask why did those jobs disappear, I'm told "Home area (Hall 2) got priority" I state that that is the pic too their restricted worker process, and the final stage search of all Halls, if the other halls are going to get priority...... "Er...that the agreement we have with the union". By the way, the 2 union blokes who deal with labour in the 2 bigger Halls, are brothers. I do burpees in this meeting too.
June 2019 - Dismissed for capability - with head union man in my hall
July 2019 - It's upheld, with Head union man on site. I turn up with a 5 page appeal, and 30 separate pieces of internal Occy Health & HR emails between Nov 2016 - Nov 2018, stating that the grievance is a mental barrier, and needs concluding. I state they have ignored that as a factor. I didn't read it all out. I have it in a pack in a folder.
Final appeal is with regional union man. I've informed ACAS....
Now in my inexperienced opinion, I feel these are where they have failed...
Unfair Dismissal - Actively seeking to keep me off so as to hamper me finding a job (no-one else was off)
- Other people teated more favourable than me
- All of the restrictions are listed as barriers on the hundreds of jobs found "not suitable" A blanket assessment by the local managers
Disability Discrimination - Their attitude changed from getting me in, to get keep me away, when I was diagnosed with ADHD
- They disregarded my email Nov 2018 stating I feel the Anxiety (diagnosed Nov 2019) was the barrier to settling in Hall 1
Perceived Disability Discrimination - They are telling me I have permanent restrictions, when 2 of them are recoverable. I tell them to let me try myself.
Harassment -
Sending the investigator after me while Im off with a mental health condition, and while I'm also being investigated for a life changing Neurological disorder which knew about. Also, conspiring to get me to admit I'm off for the ADHD investigation, rather than the on going 2 year old grievance. My mate also employed here, recently hung himself. It was their lack of support for a death in his family that tipped him over IMO.
Advice please. I'll donate a bonus if you can help me win this.
July 2016 - Filed grievance against manager after an unfair holiday booking refuse
Oct 2016 - We missed a family holiday as issue was not sorted... I was signed off with work related stress by my GP (I get my medical records, and put a few PI claims in in an annoyed state)
Nov 2016 - Company actually received the grievance, somehow late??
Dec 2016 - I later find out in June 2017, that this grievance was closed in Dec 2016 while I am off work
Dec 2016 - May 2017 - They lost me in the system, there was no contact other than me sending sick notes in awaiting grievance
June 2017 - HR absence manager contacts for invite to absence review. They don't know why I'm off!! I tell them, the they inform me it was closed....!!
July 2017 - They re-open grievance under a new ticket, they promise to move me out to hall 2 to avoid confrontation, so I agree to return....
Aug 2017 - I return to work. At this point I have no restrictions. I'm in the care of 2 union reps, who run the restricted workers program to find people new jobs in Hall 1.
Sept 2017 - Dec 2017 - I'm tucked away on a temporary checking job...
Jan 2018 - I enter the restricted workers program where we meet in the centre of Hall 1daily. I'm not happy, this manager is floating around and I'm feeling very very anxious
Jan 2018 - They are offering me jobs in Hall 1. I tell them I was told I'd be moved out of Hall 1. They say "well we have to exhaust the job search process in Hall 1 before we search outside it"
Jan 2018 - I write a request to be move out of Hall 1 as there we're workers moving there at the time. Handed it to the union man, he said "I'll ask the boss" It was ignored. But it turned up in a SAR in 2019 on my files.
Feb 2018 - I have 2 calls recorded (2019 SAR) 1st I ask about grievance status.
2nd is after the union man put me on the line this manger was on. "Ignore him". I couldn't, I was losing the plot, hyperventilating, fight or flight. A horrible experience. I told him I'v got to leave, he said "well contact your manager" The offending one... Can I go to Occy Health then|? "I cant do that" I walk outside, phone HR requesting them to reefer me to O Health asap. "Can't do that, contact you manager". I explained why I can't "Contact managers manager"....I explained he's also doing that job so not an option. I explain that I'm struggling mentally, and now feel trapped. "Oh well, that's the process sorry cant help"...... I was having an anxiety attack, it's clear from the recoding now. I go back in, and I'm sat in a rest area for 5 hours as I can't get signed out. I see my GP, and prescribed Anxiety meds.
Jan 2018 - March 2018 - I turn down 10 jobs. They are showing me jobs where I'm clearly too tall and cannot access where I need too. I feel they are forcing me to turn down jobs. I log some niggles with OH to get out of Hall 1. Some I've had while I've been doing my old job fine.
Jan 2018 - I'm referred for assessment to the local NHS mental health team for ADHD assessment. I inform Occy Health
March 2018 - They are not moving me out of this hall it seems, it's a pressure cooker. I repeatedly tell OH in regular meetings. I'm signed off again, work related stress.
May 2018 - They send their ex detective investigators to spy on me as they know I have a 2nd weekend job. (FOUND OUT IN 2019 VIA SAR)
June 2018 - They take pic of a car they believe is mine. The investigator asks them when Im next in sdo they can see what car I drive. I turn up a grievance hearing for the grievance hearing for the one I filed, no manager turns up. I think this was where they me in to spy on my car. (I FOUND THIS OUT IN 2019 VIA SAR)
March - Aug 2018 - I am still having monthly meeting with OH, where I state the grievance is the barrier, they agree in their report to management that it's the reason I'm off, and suggest its dealt with. They've said they since the start in their reports.
June - Aug 2018 - Internal emails suggest they are trying to steer me towards me saying my ADHD investigation is why I'm off work, so they can nail me for the 2nd job. My medical records with my GP & work all stage its the 2 year old grievance which is the barrier. Even a HR head said this no doubt is having a "detrimental effect on his mental health" I have this evidence.
Up until now, they are actively trying to get me to return to work.
Aug - Sept 2018 - Frustrated with he speed of the NHS, I pay for private diagnosis at my own cost. Diagnoses with Adult ADHD Sept 2018
Nov 2018 - Diagnosed with Generalised Anxiety officially by psychiatrist, medicated.
Nov 2018 - Grievance (from July 2016) concluded. A joke outcome. They never look at all of the evidence I'd provided, and due to the time it took, said they couldn't tell if then manager had done wrong. They say I have highlighted flaws in their processes, and this manager (chairing grievance) will address them. HR head says in minutes "It's a shame it wasn't dealt with sooner, as you'd not be here now" as in off work, suffering, with no job!
Nov 2018 - I tell them I feel better, and I want to come back. I want my restrictions off as I feel the at the time undiagnosed Anxiety was why turned down the jobs in Hall 1. I email them a letter stating I feel the now diagnosed anxiety was the barrier, and why I turned down the jobs in Hall 1
I tell them I know loads are taking VR, and I could try their jobs out. They keep me off to see their Doctor in Dec...
Dec 2018 - My GP signs me fit, their Dr signs me fit to return on Jan 2nd 2019, but wont remove the restrictions although condenses them as some overlap ...... however I'm told to wait until they contact me....
My new condenses restrictions sheet is ready to be sent plant wide for a job search.
Jan 2019 - HR to HR email saying they "prefer me to not to come back until hey find me a role" (FIND OUT IN FEB 2019 SAR
Jan 2019 - Hundreds retire, and hundreds come from another site to fill this roles (our contract states mobility of labour across sites, which we have around 5 with approx 20k employees in our country). At meetings I tell them Im actively sparring & runningagain, and feel physically fine.
Feb 2019 - (I later find out) That they send my last stage whole plant jobs search out, 7 weeks after they received it, and after the jobs were filled end of January 2019.
April 2019 - I email my unhappiness at being put at a disadvantage by not being there to try jobs. I'm told they have found 7 potential roles in Hall 2. I go for an absence review, agree to return. Before I can return, I'm called to say the jobs have gone!!
May 2019 - Get an invite to capability assessment with company Dr. He won't budge on the restrictions even though 2 of them are recoverable tendon issues I say are now feeling fine. I do burpees in the meeting. I disagree, he agree to amend, I go back later for the copy, it clear says on his screen "I am happy for him to try roles unrestricted to see how he feels" He asks me to leave while he prints it, he gives me a different tone I didn't check !!
May 2019 - Invited to Capability Review where they say I'm being referred to the final stage where capability will be decided. I ask why did those jobs disappear, I'm told "Home area (Hall 2) got priority" I state that that is the pic too their restricted worker process, and the final stage search of all Halls, if the other halls are going to get priority...... "Er...that the agreement we have with the union". By the way, the 2 union blokes who deal with labour in the 2 bigger Halls, are brothers. I do burpees in this meeting too.
June 2019 - Dismissed for capability - with head union man in my hall
July 2019 - It's upheld, with Head union man on site. I turn up with a 5 page appeal, and 30 separate pieces of internal Occy Health & HR emails between Nov 2016 - Nov 2018, stating that the grievance is a mental barrier, and needs concluding. I state they have ignored that as a factor. I didn't read it all out. I have it in a pack in a folder.
Final appeal is with regional union man. I've informed ACAS....
Now in my inexperienced opinion, I feel these are where they have failed...
Unfair Dismissal - Actively seeking to keep me off so as to hamper me finding a job (no-one else was off)
- Other people teated more favourable than me
- All of the restrictions are listed as barriers on the hundreds of jobs found "not suitable" A blanket assessment by the local managers
Disability Discrimination - Their attitude changed from getting me in, to get keep me away, when I was diagnosed with ADHD
- They disregarded my email Nov 2018 stating I feel the Anxiety (diagnosed Nov 2019) was the barrier to settling in Hall 1
Perceived Disability Discrimination - They are telling me I have permanent restrictions, when 2 of them are recoverable. I tell them to let me try myself.
Harassment -
Sending the investigator after me while Im off with a mental health condition, and while I'm also being investigated for a life changing Neurological disorder which knew about. Also, conspiring to get me to admit I'm off for the ADHD investigation, rather than the on going 2 year old grievance. My mate also employed here, recently hung himself. It was their lack of support for a death in his family that tipped him over IMO.
Advice please. I'll donate a bonus if you can help me win this.
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