So Tired - Put in a grievance and now sacked.

[jon1965]

Re: So tired.

Am I, as a 50 year old man a dependant of my 77 year old mother. While I agree with you most of the time teaboy, on the face of it, on this occasion i believe you are wrong. Unless you can provide a legal link to dependant

[matt3942]

Re: So tired.

I completely disagree but there's no point in continuing to contradict each other.

Perhaps someone else will come along to clarify.

- Matt

[teaboy2]

Re: So tired.

Am I, as a 50 year old man a dependant of my 77 year old mother. While I agree with you most of the time teaboy, on the face of it, on this occasion i believe you are wrong. Unless you can provide a legal link to dependant

If you required assistance, care due to injury, illness etc, then the law deems you a dependent - Just because your not a financial dependent or depend on your mother under normal circumstances, it doesn't change the fact that as a close relative you are under section 57A deemed a dependent!

Dependents under section 57A are near relatives that could be spouse, siblings, parents, child, grand child or in-laws! Or any other person that may reasonably rely on you, that could be your neighbor, your best friend!

http://www.legislation.gov.uk/ukpga/1996/18/section/57A - subsections 4-5 are the key points as they refer to any person in addition to dependents under subsection 3

End of the day the grand child relied on the OP to get them to the hospital in an emergency and the daughter relied on the OP for emotional support which would fall under subsection 6!

[matt3942]

Re: So tired.

[MENTION=32643]jon1965[/MENTION] - under normal circumstances you would not be considered a dependant; however, if you became ill, or were injured or assaulted, your mother would be entitled to a reasonable amount of time off under S. 57A "to take action."

Under S. 57A a dependant is a spouse, civil partner, child, parent, or someone who lives in the same house (other than people with whom you have a commercial relationship), who satisfy the criteria set out in S. 57A(1). It also extends to people who reasonably rely on you to provide assistance when they are ill, injured or assaulted, or to make arrangements for the provision of their care, as per S. 57A(4) and S. 57A(5).

You can read the text of the Section here: http://www.legislation.gov.uk/ukpga/1996/18/section/57A

- Matt

[jon1965]

Re: So tired.

Thanks both, I do get that in an emergency mum would be next of kin etc and clearly at her age work is not a problem. The only way this can be sorted is via the courts to get some legal ruling

[teaboy2]

Re: So tired.

Thanks both, I do get that in an emergency mum would be next of kin etc and clearly at her age work is not a problem. The only way this can be sorted is via the courts to get some legal ruling

Fortunately most employers are very understanding of peoples circumstances when it comes to things like what the OP here had to deal with, which means in most cases the employers interpretation of the act is very broad, which indeed it is under section 4, 5 and 6 where it refers to any person who reasonably relies on your care or for caring for those with mental illness of mental injury whether long term or short term, such as distress!

[Tired123]

Put in a grievance and now sacked.

Hi.

I put in a grievance to my manager 1 week ago. He spoke to me on Tuesday and said that he would investigate my grievance and come back to me within 7 days. I was ordered to go to a meeting yesterday, with 24 hours notice, and unable to get representation and he sacked me.
My grievance was due to being repeatedly asked for consent to access my medical records, as I wanted to reduce my hours due to being diagnosed with fibromyalgia, he refused to refer me to occupational health till I gave consent.
also because I was asked where my priorities lie, as I took the day off - unpaid, to pick my daughter and grandaughter up from a hospital 30 miles away after she had been rushed there with suspected pneumonia. Nothing was mentioned about the grievance, and they just sacked me. The grounds were due to unauthorised absences and poor time keeping, neither of which are true. I put in the grievance due to advice given on here previously (so tired).
i understand that as I have only been working there for 10 months so have less rights, but I had no verbal or written warnings.
Any advice will be greatly received.

Tired 123

[matt3942]

Re: Put in a grievance and now sacked.

Hi @Tired 123 - I presume this is following on from your previous post? Perhaps it's possible for one of the admins to link to the two together somehow (@Kati [MENTION=6]Amethyst[/MENTION]).

As you said, having been there for only 10 months you will have fewer rights in terms of being dismissed. Your employer can dismiss you without a reason (and without verbal/written warnings). As you raised a grievance you should have been given reasonable notice to attend a grievance meeting and arrange for someone to accompany you; however, that's probably incidental.

If you don't mind me asking, why didn't you simply give consent for your employer to access your medical records? The likelihood is they would have made adjustments without needing a referral to OH.

Others may disagree but IMO you should put this behind you and find a better employer.

- Matt

[teaboy2]

Re: Put in a grievance and now sacked.

I suspect she may have grounds for automatic unfair dismissal as they know she has a disability and have treated her less fairly in their dismissal process as it seems its clearly connected to her refusal to grant them access to her medical records, not to mention connected to her grievance, which is her right to do so, though it doesn't help the situation.

So i think Automatic Unfair Dismissal due to disability discrimination would be the only route to go down.

[Kati]

Re: Put in a grievance and now sacked.

Hi @Tired 123 - I presume this is following on from your previous post? Perhaps it's possible for one of the admins to link to the two together somehow

done

[matt3942]

Re: So Tired - Put in a grievance and now sacked.

I think automatic unfair dismissal due to discrimination because of disability is a very longshot indeed; however, you're welcome to try.

- Matt