Jolantru

[Jolantru]

I was dismissed on grounds of ill health in November 2014, I was told by my union that I should only appeal if I wanted my job back, as I was unsure and had trouble contacting any union rep I missed the appeal deadline. I then received a legal pack from the union so completed it and sent it back, it was then returned to me with a letter saying I could not take legal action as I had not put in an appeal. Is there any further action I can take?
I have asked my employer for copies of all documents they have about myself but they have refused to let me have them as they are company property. Can I get copies?

[leclerc]

Re: Jolantru

[MENTION=77627]Openlaw15[/MENTION] what do you think?

[Openlaw15]

Re: Jolantru

I was dismissed on grounds of ill health in November 2014, I was told by my union that I should only appeal if I wanted my job back, as I was unsure and had trouble contacting any union rep I missed the appeal deadline. I then received a legal pack from the union so completed it and sent it back, it was then returned to me with a letter saying I could not take legal action as I had not put in an appeal. Is there any further action I can take?
I have asked my employer for copies of all documents they have about myself but they have refused to let me have them as they are company property. Can I get copies?

Thank you Leclerc. Here's what I think on initial inspection. Dismissal from employment is potentially a wrongful dismissal case. As far am aware there are no limitation periods for wrongful dismissal. Under s.7, Data Protection Act 1998, you're entitled to any information which concerns you, ie contracts of employment etc. There may be a charge for this. You may not need your contract though. What was your job and what was the nature of your ill health? It sounds to me like your union may have been representing you and the company simultaneously, which creates conflict of interest. It's lawful nevertheless. How long were you considered 'ill'. what affect did it have on you to do your job? How long were you doing that particular job for? Did the company suggest any accommodations such as 'reasonable adjustments' if your ill health was considered a 'disability'?

[nemesis45]

Re: Jolantru

I was dismissed on grounds of ill health in November 2014, I was told by my union that I should only appeal if I wanted my job back, as I was unsure and had trouble contacting any union rep I missed the appeal deadline. I then received a legal pack from the union so completed it and sent it back, it was then returned to me with a letter saying I could not take legal action as I had not put in an appeal. Is there any further action I can take?
I have asked my employer for copies of all documents they have about myself but they have refused to let me have them as they are company property. Can I get copies?

If these document contain personal information you can make a Subject Access Request under the Data Protection Act 1998, statutory fee £10 the employer has 40 days to comply.
The employer can redact any data that refers to or identifies any 3rd party.

nem

[Jolantru]

Re: Jolantru

I worked for the company in various roles for 15 years, they did try son adjustments such as changing my role and installed special lights to help with SAD. I was diagnosed with generic depression that could also be hereditary. I did have vast amounts of time off work, roughly 2 to 3months per year. They did not support with Access to work guidance, did not wait for suggestions from there own occupational health people who contacted me after I had been dismissed to suggest counselling, they had not been informed of my dismissal. I have a long list of things they said they would do but didn't do. They made next steps that they didn't follow then told me that it was my fault they had not completed them, even things managers where suppoised to do!
I don't understand the difference between wrongful and unfair dismissal?
Thanks for the answers so far, great help.

[Openlaw15]

Re: Jolantru

An employer has a duty to make reasonable adjustments under the Equality Act 2010.

Wrong dismissal means employer was dismissed, whereas unfair dismissal means the employee resigned because the employer was being unreasonable.