Termination of employment

hi all, just an update. Acas have taken the case on with backing from my union and as a union workplace rep this has a bearing upon the issues too. we are in early conciliation. you may guess how the company are responding, taking bits and pieces from two occupational health reports and making them suit their narrative. well put the full statement in place and it's a different aspect. would most agree that cancer is exceptional circumstance and a protected characteristic? seems my company does not. how many companies   do you know would put someone through a disciplinary procedure two weeks after they have received a cancer diagnosis? then conduct a o.h interview on 1/4 followed by a stage 1 absence review 5 weeks later. As some will know all the o.h questions are provided by the company. All the questions were based around my current role of carpenter, including the actual question will this affect his current role. Also is this covered by the equality act 2010, so we have a local authority that does not know cancer is covered by the equality act 2010. in the stage 1 interview there were questions for the manager to ask i.e has mark been warned that if his attendance does improve, he could have his employment terminated, has mark been cautioned that his attendance not up to the required standard expected and so on. also, that if my absence continues i will be referred to a stage 3 and have my employment terminated on medical grounds. so obviously my o.h report said stated I was unfit to return to work in my current role. also, it stated I would need reasonable adjustments and amended duties to facilitate a return to work. Alos stated was that I had serious concerns around the Companys attitude creating barriers to prevent my return to work. based on previous experience after a hip replacement due to a workplace injury. Along with the overall treatment of myself during my treatment and surgeries, it stated that the company should address these issues promptly. well guess what no consultation my issues ignored totally. July 13th a stage 2 absence management meeting was held, with the threat of a stage 3 and termination of employment pending, I asked upon what medical advice this meeting was based, I was told it was based upon the o.h report from April the 1st. I challenged the validity of the report as it was now 4 months out of date. they said they will schedule another o.h interview. This one was made for 16th September with stage 2 review after, the review then was held on 23rd October, would anyone agree all this seems preventative to me.

so, after Acas started the proceedings, the company have tried using the o.h report from April to justify actions taken in october. also stating i could not comeback to work until o.h said I could and my g.p agreed with a fit note. guess what, I have been back in work on a phased return for 3 weeks now, without a o.h report or a fit note from my g.p.. They claim my o.h report from sept states i could comeback, but, when read they onlye recommend phased return and amended duties and the fact that I have determined I could return to work in some capacity, although not fully in my current role and that maybe they should give me amended duties and even office based so I have access to toilets and fluids regularly also a warmer and safer environment, guess what , nope get out there and do this and that. sorry its so long there is even more to this in the discrimination case . I will address these further at somepoint.

Thanks for the update. Sadly you seem to work for an absolute rubbish company. I don't know what the solution is? Keep fighting? How is all this affecting your recovery? Is it worth it? Do you have any alternative? 

Thankfully most folk here seem to have it much easier with their return to work. I hope you do find a solution that suits you

Mark

Thanks for the update and I am so glad that you have union support and now ACAS are involved you should have a proper outcome.  I have worked with them before and they do see through the rubbish spouted be either or both parties (not suggesting you are anything by telling it as it is).  As I have previously said, winning is one thing but remaining in a toxic culture is another.  Keep your options open and if this is seen as constructive dismissal take good advice before you decide on a course of action.

Best of luck

Marka - I’d agree with Peter. I am sure that the company ‘should’ see the error of their ways as/when ACAS get their teeth into your situation/treatment. Ultimately, mediation is as the word describes but I’d question whether it would be good for your future physical and mental health to be in what has been described as a seemingly toxic environment. I feel for you.

I would definitely stick with it if your resolve allows because on the strength of the information you’ve been sharing it appears that you ‘have’ or ‘are’ being treated differently because of being ill. Good luck with everything…

will not let them get away with this, they had one person they nearly destroyed mentally he took them to court, and they settled out of court, but, as this was going on they started the same on another, he did not have the fortitude to fight unfortunately, he resigned. there is another lady in the office just undertaking a bullying grievance against them. it was good for me personally as a union rep, the person who took legal action, his solicitors praised my efforts and the paperwork I had submitted on his behalf which helped them immensely which i believe is one of the reasons the company hates me. one of the managers said to me they did not expect me back at all. I said I reckon they were hoping they had seen the last of me, he said you are probably right because you rock the boat and challenge them.

we then have the disability discrimination around the positions I enquired around within the company's first consideration/redeployment policy and the age discrimination, which I qualify under.

 thanks to yourself and peter

hi and thanks for the reply. The whole situation has been a terrible experience due to the lack of support and empathy from the company from day 1. how many companies do you know that instigate a disciplinary procedure against someone a week after they have had a cancer diagnosis, not even a gross misconduct charge, based all around me starting 5 grievances from 5 different members against 1 manager. then make you sit through a disciplinary investigation via zoom in between two surgeries. then despite it being managerial discretion on pay cut your pay in half. in our policy rule book that covers all local authorities it states, ' full sick pay can be extended in exceptional circumstances,' cancer is an accepted exception. the company decided cancer is not exceptional and not even a protected characteristic. how many Companys need to ask does cancer come under the equality act 2010 also the disability discrimination act 1995. they kept the disciplinary outcome from me for months I had to ask the union to intervene, the result no further action, charges unfound. Their excuse was,'they did not know when a good time to contact me would be. However, they could send out a letter two weeks previous stating I was to be financially penalised.

So it's off to a tribunal as the company does not want early conciliation, prefer to lie about issues, first the head of h,r states ' there is no evidence or recollection of the secondment referred to being offered as a reasonable adjustment', oh really? well we have 4 people in the room the one who offered it also  hr. rep and a h&s workplace rep also myself, also have this as evidence an email asking why after it was offered I queried why it was now being advertised some two weeks after the offer, the reply was ' it would be unfair to the other applicants to give you this as a reasonable adjustment or amended duty, excuse me at the time there were no applicants. Now in response she states,' mark did phone a while back whilst off sick and enquired around the position, his manager told him he couldn't have it as a reasonable adjustment, but he could apply for it. Also, that he was unfit at the time for work as his o.h report said, ignoring the other advice that I would need reasonable adjustments and amended duties also the minutes of the meeting included the statement that a possible move to another role was discussed. Oh, really there was no phone call and call logs will prove this, also the witness to the meeting knows better. The o.h report she refers to was on April 1st this was in July and was based around being fit for my current role, a question the company specified themselves. we all know its part and parcel for them to deny and refute things. But blatant lies are another low. 

That’s terrible, treating staff so badly, when they need support at a difficult time in their life. They should be ashamed 

hi all , just an update on my situation. the tribunal have given me a date for my tribunal which is to be run over a 5 day period. the first decision they made is a reimbursement of all money the company stopped via salary, this includes the reduction to half pay and also the months they stopped pay fully. they have said the company has broken the law  in regarding to refuse extending full sick pay and in ceasing any pay at all. so I would say to anyone especially in local government to pay attention to this. 

the company tried, and failed to get certain things thrown out , by quoting company policies, my solicitors responded with actual legislation and their own policies which they failed to adhere to.

the lies the company are perpetuating is astonishing , they have no shame at all. Still emails, witness statements and phone records disprove it all. we are very confident of a successful outcome. On my solicitors advice I have gone back to work, even though the company made it clear they did not expect me back nor wanted me back. six months they delayed my return to work in placing every obstacle possible in my way. refusing to make reasonable adjustments is the main one. we believe their objective was to get through to a stage 3  retirement on medical grounds.

I am currently enjoying being in remission and looking positively to the future. a side bar on this is also the union solicitors are taking up another case of medical negligence , the cause being the delay in treatment. the hospital have admitted their mistake. apparently someone misread my notes in that they stated this was extremely urgent , but the person concerned downgraded it to nothing resulting in a twelve month delay in treatment . more good /bad news thought is that they have also started and an asbestosis claim. my head is now swimming all this legality going on. Never had a damages claim mentality before. but you have to go with the legal advice given.