finally my appeal is Friday after waiting 61 days.

[Acjb007]

Re: finally my appeal is Friday after waiting 61 days.

So......I had my appeal. Lasted 5 hours. The manager was very tough on me and tried to put words in my mouth. I had to laugh to myself when I proved him wrong and he was left red faced and silent. My strong point was my health and medical history. He went through my work file which was 100% clear of any disciplaries file notes or attendance issues. He said from what he's seen I'm the perfect colleague and stealing randomly was out of character. I was confused he didn't mention why I was claiming disability discrimination. He also leaked that my occupational health notes had not been followed up. In 3 years the company had not checked on my condition or welfare once. No effort was made to check my working conditions were okay with my disability. I had to end the hearing due to needing to get to work. He said he would write with a verdict. My rep says it's 50/50 what the outcome will be. If its the same I will take them to a tribunal for disability discrimination and failure to look after my wellbeing after I nearly lost my life. On top of that I have all the other evidence mentioned earlier. I said I was deeply upset that a joke had been made about alcohol being in my home shopping order. He dismissed it so I said if it was a customer wouldn't that be serious breach of customers confidentiality and personal data. Yes he said! So I said well I'll have to think about what action I'll take seeing as I'm not a colleague anymore I'm now a customer. His face was a picture

Thanks for all your help and advice

[judgemental24]

Re: finally my appeal is Friday after waiting 61 days.

I hate to say this but you need to seriously reconsider going to an ET with this, even if Disability discrimination is proven

That facts are you were found out about being dishonest by the employer. That is Gross misconduct and dismissal 101.

If you were taking medication at the time of the transgresson that had an impact on your cognitive ability, and your employer was aware you were taking that medication then you may well have a case

In my opinion as an experienced trade union rep, you take this to an ET you will be opening yourself up to substantial costs as a vexatious litigant. I can tell you now the Trade Union who are helping you will not fund any claim or representation on the facts presented

[Acjb007]

Re: finally my appeal is Friday after waiting 61 days.

They were aware of my medication as occupational health were dealing with me for 3 months before I was well enough to return to work. For 3 years I was not given support for my disability. Regardless of my dismissal this can be treated as a separate case against work. The fact they knew I was suffering from a progressive disease yet never said anything is discrimination. As a manager you by law have to carry out risk assessments on all staff who live with a disability.

[judgemental24]

Re: finally my appeal is Friday after waiting 61 days.

The employer may well have a responsibility as to your health and safety but under Regulaton 7 HSWA 1974 obligation is on the employee to tell thye employer if he is suffering from a medical condiion, change of treatment or medication, or if the condition deteriorates or is likely to

I am sorry but you need to take professional advice on this

People think that an Employment Tribunal is where an employee can get redress. The truth of the matter is that Tribunals are Heavily stacked against the employee in favour of the employer

[Berniethebolt]

Re: finally my appeal is Friday after waiting 61 days.

Lets just wait for the outcome before anything is decided and if the outcome is not good take proper professional advice particularly if the Union will fund it.

Workers are only valued as a way to make a profit, why do you think it is called Human Resources -although I will admit that some companies are better than others

[FlamingParrot]

Re: finally my appeal is Friday after waiting 61 days.

They were aware of my medication as occupational health were dealing with me for 3 months before I was well enough to return to work. For 3 years I was not given support for my disability. Regardless of my dismissal this can be treated as a separate case against work. The fact they knew I was suffering from a progressive disease yet never said anything is discrimination. As a manager you by law have to carry out risk assessments on all staff who live with a disability.

Actually, discrimination is treating you less favourably because of a disability or any other protected characteristic. There is a duty to make reasonable adjustments to assist a person with a disability. You need to think what reasonable adjustments they could have failed to make because it's not immediately obvious. Take a look here: http://www.legislation.gov.uk/ukpga/2010/15/section/20

The employer may well have a responsibility as to your health and safety but under Regulaton 7 HSWA 1974 obligation is on the employee to tell thye employer if he is suffering from a medical condiion, change of treatment or medication, or if the condition deteriorates or is likely to

I am sorry but you need to take professional advice on this

I agree, especially in view of the potential for costs to be awarded against you if your case is found to have no merit. :mmph:

Once upon a time I was warned about costs even though their arguments for dismissal were totally ludicrous and nowhere nearly as serious as stealing, I was working for a financial institution and it seems they are allowed much more leeway when it comes to valid reasons for dismissal. :mad2: :mad2: :mad2:

People think that an Employment Tribunal is where an employee can get redress. The truth of the matter is that Tribunals are Heavily stacked against the employee in favour of the employer

Not always if I may say so although my opinion may still change. :noidea: :tape:

However, as I said on previous posts, even if the ET was to decide that there were breaches on the part of the employer, if they think the offence was serious enough so that if the proper procedure had been followed, it would still result in dismissal (and stealing was one example given), then they wouldn't really award anything. Furthermore you'd only get compensatory award for the period you were out of work, if you've found alternative employment even in the best of cases, the award would be minimal so hardly worth the risk of it going the other way IMHO. :ohwell:

[Acjb007]

Re: finally my appeal is Friday after waiting 61 days.

Will be a week tomorrow since my appeal hearing but I've heard nothing. I was expecting to hear the following day but is it normal to wait this long?

[FlamingParrot]

Re: finally my appeal is Friday after waiting 61 days.

Will be a week tomorrow since my appeal hearing but I've heard nothing. I was expecting to hear the following day but is it normal to wait this long?

Yes, it has to look like they arrived at a conclusion after careful consideration and lots of deliberation.

If you ever go all the way to the Employment Tribunal you'll learn the true meaning of waiting long!