Constuctive dismissal

[Stillo]

Good Evening all

Sorry i seem to be asking an awful lot of questions but i need help as i have limited sight and i dont seem to be able to find out the information i need, i have had responses to previous questions with regards to this same incident and i have be very happy with them, unfortunately my employer does not want to play ball.

The gist of it is i was on sick leave due to an accident at home and i resumed work on the 01/09/2015 today i have had hospital treatment and all is well, well not know it isnt my employers will not let me return to work because of an existing disability (eyesight) and i can apprecieate that as i work at a mainline station.Teapot gave me some very useful advise for which i am greatful as i am greatful to all other contributors but because they will not allow me back to work they are putting me on sick leave and my GP refuses to issue a sick note because she and i agree i am well enough to return to work so i am on leave because of my disability and because i cannot get a sick note the DWP will not pay me ESA

I have contacted the Depot manager today and she refuses to put me back on full pay telling me i am to remain on half pay until they decide what they are to do with me and to be honest the occupational report has recommended ill health retirement as there is no chance of me holding down any employment in the rail industry every again and my employment chances are severley restricted.

After this long winded post my question is, if my employers refuse to pay me my contractual pay after raising a grievence can i resign and what would my chanceds be of claiming construtive dismissal be

Thanks for reading
Stillo

[judgemental24]

Re: Constuctive dismissal

The employer has a statutory duty with your welfare at work.

http://www.legislation.gov.uk/uksi/1...ulation/3/made

They will go on the report by the Occupational health provider. If they have stated ill health retirement then you need to be aware that a capability meeting will be the next step

Unless you are covered by the Equality Act as a disability this is going to be an uphill task. Being the Railway you need to let the union Branch deal with this immediately

I agree you should not be on sick pay but full contractual wages as you are no longer sick. That is unlawful deduction of wages and breach of contract.

To be honest i would take the ill health retirement package as it will be doubtful you will return to the railways rather than a constructive dismissal claim.

At this moment all that is needed is a grievance

[Stillo]

Re: Constuctive dismissal

Thany you Judgement

I have raised a grievance and yes i am covered by the Equality act i am automatically covered as im registered with partiual sight, Ill health retirement is the route they want to go down but they dont seem to have explored any other options such as admin roles even though i could not do them anyway thanks for your excellent reply and yes i do have the union on it

Cheers
Stillo

[judgemental24]

Re: Constuctive dismissal

Just make sure it is not the local rep dealing with this, You need a branch official

Keep us updated

[Stillo]

Re: Constuctive dismissal

Hi

It is a local rep and so far i have done most of the leg work myself as he is not very converse with this type of situation , i shall take your advise and requst a full time official

Cheers
Stillo

[judgemental24]

Re: Constuctive dismissal

I would phone the union head office and get them to get a branch official to visit you

A ;local rep should not be dealing with this as it is above his pay-grade so to speak. This is the responsibility of an Area rep on full time release