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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44944
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was sacked on capability from my job with nhs due to disability.

Customer Question

I was sacked on capability from my job with nhs due to disability. They did not follow policies and procedures and did not make any reasonable adjustments on order to allow me to return to work when i was fit enough and had occy health approval. I therefore lodged internal appeal and a claim for unfair/constructive dismissal and disability discrimination. My claim was accepted by tribunal office and is proceeding to cmd. The day before internal appeal , i got a phone call from hr saying they were reversing my dismissal and cancelling appeal. I was told i had got my old job back despite them saying i cannot return to this post due to health and safety issues. I have not met with them since, not received any payments from them and do not wish to work for them as i feel i cannot trust them. Do i have to accept the employment or do i need to resign. Please help
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to be able to assist with your question today.

By appealing the dismissal all you are seeking is reinstatement, so by offering you your job back you have succeeded in your intended appeal. However, you do not have to accept an offer of reinstatement, especially if the trust and confidence between you and the employer has broken down to such an extent that you do not believe further employment there is possible.

The issue is that when a tribunal considers your claim and the compensation you are due to receive in the event you win, they will look at what steps you took to mitigate your losses. That would usually involve you showing that you had made attempts to find other employment to reduce any loss of earnings you were experiencing following your dismissal. The offer of reinstatement would be a job offer that you had rejected so the tribunal would want to be satisfied that this refusal was reasonable. If they find that it was not, they could potentially reduce your compensation because they will say that you had unreasonably given up the opportunity to mitigate your losses. However, that would depend on the reasons for your refusal and whether they were reasonable in the circumstances.

JACUSTOMER-bwgytv8s- :

Thanks,

JACUSTOMER-bwgytv8s- :

thanks for that.

JACUSTOMER-bwgytv8s- :

thanks for that. I understand that itis difficult but i have proof that they wrote to me and stated if a attempt to return to work they would dissmiss me on capability. This was sent june 2012.so i hope this would help my case. Also, i am claiming

JACUSTOMER-bwgytv8s- :

claiming discrimination as they refused to make reasonable adjustments to my job. Can i still persue this even if they say i am reinstated. thanks

Ben Jones :

yes if you have such evidence it would certainly help and would justify your refusal being reasonable. The discrimination claim will be separate to the unfair dismissal claim so you can be reinstated but still proceed with the disability claim

JACUSTOMER-bwgytv8s- :

thanks ben, when it comes to losses, do i need to prove them in the case of discrimination or is a different calculation used.

Ben Jones :

in a discrimination claim you will be seeking compensation for injury to feelings, although loss of earnings resulting directly from the discrimination can also be pursued

Ben Jones :

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.

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