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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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i had a live final written warning for AWOL had time off

Customer Question

i had a live final written warning for AWOL

had time off with stress 5 weeks in total

week 3, i didnt hand fit note in until the last day of shift. but i had rang on the 2nd day informing my manager i had a sick note and needed to get it to him.

manager filed me as awol for my whole shift. then got my fit note. awol case continued and lead to my dismissal.

manager had not contacted me on any of these days

i was suffering from stress and anxiety, of which my manager was aware.
company policies show he hadnt followed the policies on managing stress.

do i have a tribunal case
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know

Do you have a specific question?
Customer: replied 3 years ago.

do i have a case to take for tribunal?

 

i had a live final written warning for AWOL

had time off with stress 5 weeks in total

week 3, i didnt hand fit note in until the last day of shift. but i had rang on the 2nd day informing my manager i had a sick note and needed to get it to him.

manager filed me as awol for my whole shift. then got my fit note. awol case continued and lead to my dismissal.

manager had not contacted me on any of these days

i was suffering from stress and anxiety, of which my manager was aware.
company policies show he hadnt followed the policies on managing stress.

was dismissed yesterday

Customer: replied 3 years ago.
Relist: Answer came too late.
thought the guy was online but seemed to not read question?
Expert:  taratill replied 3 years ago.
Hello would you still like help with this?
Customer: replied 3 years ago.

Yes please

Expert:  taratill replied 3 years ago.
Hello, when was your contract terminated?
Customer: replied 3 years ago.

hello, i was dismissed on the 15th of april 2013

Expert:  taratill replied 3 years ago.
Hello how long have you worked there for and how long have you suffered with anxiety and stress?
Customer: replied 3 years ago.

i have been there for about 1 and a half to 2 years permanently but before that i was an agency worker. i first reported signs of stress to my current manager in august 2012 and was offered an eap helpine. nothing was followed up to see how i was coping. i have 3 children and i am 24 i am a proud person and didnt go to the doctors at this time. i had been put on capability for things that are clearly stated in the acas guidlines for signs of stress in an employee (of which my employer has policies for) the capability was never reviewed until i was transferred to another manager. who then picked it up. at this time i was frustrated because there was no transition of information and my new manager had no idea of how i was feeling mentally. the new manager then put me on capability again but realised the previous manager hadnt done the capability in the correct way. he had set several targets rather than 1, all of which i was expected to fail. the new manager initiated the new capability with only 1 target. this also was never reviewed. then in january 2013 i went off sick with stress and anxiety . 1 week self cert and 4 weeks dr signed off. week 1 and 2 i handed in my sick notes to a colleague who lives locally. however week 3 i was unable to get the sick notes to this person and rang my manager on day 2 of shift. i explained to him i didnt realise it was day 2 and i did indeed think it was the first day of shift. i explained i had a sick note for 2 weeks and i was to get it to him, this was fine. i didnt contact my manager again but on day 4 i drove into work to give my sick note in. after the time off i returned to work and had a 'fact find' investigation as my manager had reported me as awol for the whole shift because i had not contacted him every day by telephone. this was the first i was aware and quite upset. i had a live final written warning already. that day i broke down into tears and my manager allowed me to go home with paid leave (something which i was never allowed to do when i hadnt been crying) the awol case continued and lead to my dismissal on april 15th 2013


note: when i had my investigation my manager also had one. he said that when i made contact he told me to ring him everyday. this is not true. he never contacted me (which company policy states, he should contact me using all available contact information available). he did not do this.i feel that they have been trying to get me out of the door and this was an oppertunity. the company doesnt find a replacement for my position when i call in sick. there are many people who do my role and figures are affected very little in my absense.

Expert:  taratill replied 3 years ago.
Hello, it does appear unreasonable for your employment to be terminated in these circumstances as clearly it was a case of not getting sick notes to them rather than you going off with no communication.

I would suggest you appeal in accordance with the employers appeal procedure. If your appeal is unsuccessful you can claim unfair dismissal using the form you will find at www.employmenttribunals.gov.uk. The employer will then consider whether it was a reasonable response for you to be dismissed on the basis of the evidence before it.

All the best.

Please remember to give positive feedback. I will be happy to answer your follow on questions.

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