26 years service and now possible dismissal. Please help!

V

vladivir

New member
Joined
Dec 1, 2012
Messages
3
#1
Hello,

I hope someone can advise...

Ive been a senior manager in retail for the past 26 years and am due to retire in 3 years.

I had what I consider a very unfair first and final written warning in May 2012. It was for very ambiguous grounds of 'not for filling a senior role as expected'. I appealed, took in total 3 months to be heard and then was typically upheld. Despite having a strong defence.

I was then off during a period for a 2 weeks with stress. Prior to this, in all the time I have worked there, my absences were nothing and I had an exemplary sickness record. Since returning I had immense pressure, seemingly unfairly, placed on me from my boss.

Then in November and whilst I was off with stress, an investigation was conducted in my absence over an issue. I then had 2 letters inviting me to attend the investigation with myself. I had legal advice not to attend and also sent in a specific letter from my GP also confirming I was not to attend work for the period of my sickness note.

They then conducted the investigation again with my absence and I have just had a letter inviting me to attend a disciplinary hearing next week and reminding me I am in a First and Final written warning. I am still signed off sick for another 2 weeks.

You must understand that my performance record is very good, in fact one of the best in the region and also have hardly anything of a sickness record until recently. I am beyond upset and cannot stop crying. I cant sleep and it feels like complete victimisation and that I am a total failure despite the fact I know I am performing very well. Its as if my face doesnt fit and they are managing me out of the business.

I want to know if they can still dismiss me, even though a solicitors letter has gone along with a doctors note saying not to attend a store and if so how are my chances at tribunal?

I have financial ties and my family rely on that and am petrified of now being sacked and being too old to find something and need to continue earning a wage?

Please help.
 
worrymuffin

worrymuffin

Well-known member
Joined
Jul 28, 2011
Messages
293
Location
UK
#2
I'd suggest getting advice from a union.... I was sure that while you are off sick they could not investigate you.....
Hope you find some answers, sorry I couldn't help more.
Good luck stay strong x
 
S

sadgirl

Well-known member
Joined
May 25, 2012
Messages
1,209
Location
in my own private hell
#4
Its against the law to sack you for being sick which is why I suspect that they are using your job role if you can dissprove ALL there allagations and prove unfair dissmissal you can take it to a tribunial best advice follow your solicter and doctors advice
 
V

vladivir

New member
Joined
Dec 1, 2012
Messages
3
#5
I was under the impression you can still be dismissed even if off work sick and that a doctors note cant legally stop you from dismissal?
 
S

sadgirl

Well-known member
Joined
May 25, 2012
Messages
1,209
Location
in my own private hell
#6
I was under the impression you can still be dismissed even if off work sick and that a doctors note cant legally stop you from dismissal?
Your right it can't BUT it gives you grounds to sue them for unfair dissmissle keep copies of everything they send you,docs sicknotes keep copies of everything then if they do you will be able to show them everything, is it possible for you to get hold of your work record? / sickness periods?
 
M

michelangelo1974

Member
Joined
Mar 1, 2013
Messages
6
#7
Hello,

I hope someone can advise...

Ive been a senior manager in retail for the past 26 years and am due to retire in 3 years.

I had what I consider a very unfair first and final written warning in May 2012. It was for very ambiguous grounds of 'not for filling a senior role as expected'. I appealed, took in total 3 months to be heard and then was typically upheld. Despite having a strong defence.

I was then off during a period for a 2 weeks with stress. Prior to this, in all the time I have worked there, my absences were nothing and I had an exemplary sickness record. Since returning I had immense pressure, seemingly unfairly, placed on me from my boss.

Then in November and whilst I was off with stress, an investigation was conducted in my absence over an issue. I then had 2 letters inviting me to attend the investigation with myself. I had legal advice not to attend and also sent in a specific letter from my GP also confirming I was not to attend work for the period of my sickness note.

They then conducted the investigation again with my absence and I have just had a letter inviting me to attend a disciplinary hearing next week and reminding me I am in a First and Final written warning. I am still signed off sick for another 2 weeks.

You must understand that my performance record is very good, in fact one of the best in the region and also have hardly anything of a sickness record until recently. I am beyond upset and cannot stop crying. I cant sleep and it feels like complete victimisation and that I am a total failure despite the fact I know I am performing very well. Its as if my face doesnt fit and they are managing me out of the business.

I want to know if they can still dismiss me, even though a solicitors letter has gone along with a doctors note saying not to attend a store and if so how are my chances at tribunal?

I have financial ties and my family rely on that and am petrified of now being sacked and being too old to find something and need to continue earning a wage?

Please help.
Are u based in the uk? If you are, it is my understanding that a hearing cannot be held whilst you are off sick, any action taken at said hearing will be classed as automatic unfair dismissal if you are fired, did work inform you of what you are alleged to have done? Do you still have all the correspondence spent between you and work? I suggest you get the union involved (if you are a member) or seek advice from specialist legal solicitors, also what was you signed off for? Do you have a specific diagnoses, have you been referred to the local mental health team? I know it's hard but try and stay positive, if you are being given a hard time at work write down all occasions of when they occur. It sounds to me like you have done nothing wrong, you must be good at your job as you have been doing it a while, hope things work out for you.:)
 
M

marycatherine1949

New member
Joined
Mar 9, 2013
Messages
1
#8
Hi vladivir
If you have home insurance (building and contents) there is usally legal cover for you and your family, my husband was able to access legal aid this way a few years ago. You will need to have all the paperwork, letters from both parties etc and submit it to their appointed legal experts, if they think you have a case they will appoint a firm of solicitors specialising in employment.