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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46142
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I started in a new post Jan 4 th this year. The post is petmanant

Customer Question

I started in a new post Jan 4 th this year. The post is petmanant but all staff are put on a years probation and either party within that probationary period can give a weeks notice. I had a fall at home that resulted in two hospital admissions, a severe head injury, severe sustained concussion. I went back to work after just a week. I as pressurised to put in a job application by my head of school. I did, but the deadline was only two weeks after my significant injury. I had to get a friend to help me do it . I was still vomiting, seeing double and severely concussed. I was not shortlisted for the job which I was relieved about. Two weeks ago I was asked to have an Occupational Health referral . The wording of the referral was shocking - asking if I took drugs or alchohol or was pregnant as I had disorientation in the past and slurred words etc. I was very shocked. By Dr at OH saw me and his report said all my symptoms were that of concussion. By Head of School received the report this Thurday . On Friday she sent me a letter telling me I must attend a meeting next Wednesday where she will be present and the senior HR person. She wants to query in accurate details on the CV and query the OH report . She has said bring a trades union rep, and that she will terminate my contract if no satisfactory explanations can be given for the innacuracies on my CV . My GP has written a letter saying I was in no fit state to write a CV let alone submit it . I will take that letter to the meeting . There is so very little time - I tried contacting a trades Union ( I'm not in one yet ) and also tried phoning local solicitors yesterday whilst at work after I received the letter. Can you help / advise ?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello what specific queries do you have about his please?
Customer: replied 10 months ago.
Can she terminate my contract based on incorrect information on a job application cv that I did not get - also with written evidence from my Consultant and GP saying I was in no fit state to be at work, let alone submit a CV ?
Customer: replied 10 months ago.
( I was not short listed for the job I mean ) - which I was relieved about as there had been huge pressure to apply and I needed much help in submitting it ( which I can evidence ) at the time having concussion, double vision on bed rest etc
Expert:  Ben Jones replied 10 months ago.
Sorry my connection dropped earlier. The health issues you had at the time - were they a short term thing or linked to a long term medical condition?
Customer: replied 10 months ago.
No - totally due to the fall down the stairs, the head wound and the loss of 4 units of blood. I was in hospital one week, had a week off sick and then returned to work taking up all my duties .
Customer: replied 10 months ago.
So short term I mean .
Expert:  Ben Jones replied 10 months ago.
Thank you. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. However, there is no discriminatory evidence here, what you had was not a disability, which must be a long term condition lasting for more than a year to qualify. If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice. If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 10 months ago.
I am wondering if evidence I bring to the meeting - the Drs and consultants letter saying I was in concussion when I submitted the cv could be accepted as an explanation ? It seems as though I have no means of legal support here in a very unfair situation - which is supported by medical reports. Am I best in this case to hand in my notice today ( the notice period being five days ) the date I finish my work will then be Wednesday . If my boss is going to dismiss me and theses grounds despite medical letters contradicting her stance - it may be better for me to hand in my notice now, rather than have a dismissal on my cv ?
Expert:  Ben Jones replied 10 months ago.
it may indeed be accepted but it still does not prevent a dismissal if that is the way they wanted to go down. You may indeed propose to resign instead - you have nothing to lose by doing so and just plead for them to let you go that way rather than affect your future employment prospects by what is clearly something which was a medical issue, rather than any intentional dishonesty on your part If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46142
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
I will def rate your answer very well Thankyou - I wanted to ask two more things - if I hand in my notice today - my contract says I am entitled to do that Are you saying they are entitled not to accept the resignation ? Is Saturday counted as a work day eg five days notice would mean I go Wednesday . I would therefore not have the stresses of the meeting - but I still would send in today all the medical evidence explaining why some dates and numbers were incorrect for their records . I honestly am quite shocked by all of this. I have been working in a professional capacity for over twenty years, always had brilliant references and an excellent work record. So it's very shocking.
Customer: replied 10 months ago.
I have just added five stars !
Expert:  Ben Jones replied 10 months ago.
Many thanks. The employer cannot refuse to accept your resignation, so once you submit your resignation your notice period starts to run. Unless the contract specifically states the notice is 5 working days, then it will be just 5 calendar days, although it does start to run from the following day so it will end on Thu not Weds. But what I meant is that they do not have to agree to drop the matter in return for your resignation, so whilst they cannot stop you from resigning, they can still proceed with the meeting whilst you are working your notice period.
Customer: replied 10 months ago.
And if I'm off sick ( which I really would not want to do - ) - but feel I m being forced into such an awful situation - can they make a decision with me not being there ? Many thanks
Customer: replied 10 months ago.
Also - can I not have ( paid ) legal representation at the meeting ? Or is it absolutely hopeless ? Many thanks
Expert:  Ben Jones replied 10 months ago.
Generally the employer should postpone a hearing if you are off sick but if there is no time to do so, such as your employment terminating imminently, they could proceed in your absence but they should give you the chance to make written representations, instead of in person. You cannot have legal representation at disciplinary hearings, only a trade union rep or a colleague
Customer: replied 10 months ago.
I am just amazed that the grounds for dismissal she is citing are medically accounted for - by a GP and neuro and cardio consultant specialist and my A and E notes. All my probationary meetings and meetings with my mentor have been exemplary. My work feedback has also been excellent .
Customer: replied 10 months ago.
What can a trade union member do ? It seems legally - nothing ? Thankyou for answering my questions
Expert:  Ben Jones replied 10 months ago.
I understand your disappointment but it all goes down to the right the employer has to dismiss, even if there are justifiable reasons for what you did. A union member can be there for support and clarification on matters
Customer: replied 10 months ago.
Thankyou so much . What a shock . I ll just rate you again with the Stars.
Expert:  Ben Jones replied 10 months ago.
Just once is enough, thanks though :) I hope they will just allow you to leave with the resignation and drop this matter, so approach them ASAP with that proposition
Customer: replied 10 months ago.
Ok - Thankyou . I can write today - I have not got the consultants or Drs letters yet - they will be ready Tuesday . But if I write stating I am resigning from tomorrow - outlying the medical nature of the cause of two incorrect dates on the cv - and that the evidence to support this will be e mailed on Tuesday - would thp
Customer: replied 10 months ago.
Would that be the best approach ? Many thanks
Customer: replied 10 months ago.
Just to note - it's not a disciplinary hearing - they have labelled it an ' investigation meeting '
Expert:  Ben Jones replied 10 months ago.
Oh ok than changes things as they cannot dismiss as a result of an investigatory meeting anyway so you can resign and then by the time the notice period ends they are unlikely to be able to dismiss beforehand as they wont have time to do so
Customer: replied 10 months ago.
Is any of the above different with an investigatory meeting ? I can phone you if you prefer. Many thanks
Expert:  Ben Jones replied 10 months ago.
Calls are a premium service so will cost extra, up to you or I can continue on here
Customer: replied 10 months ago.
thats great if we can continue - my head of school has said in her letter dated testurday , that she can and will terminate my contract at the investigatory meeting if I cannot explain the innacuracies in my cv . Do you believe this might not be the case ? ( she can do this ?) .
Customer: replied 10 months ago.
Quite happy to phone -
Customer: replied 10 months ago.
Please contact me tomorrow if you are able to continue.
Expert:  Ben Jones replied 10 months ago.
H, sorry I was offline by the time you had replied. I will submit a proposal for the phone call service, I am on and off throughout the day but will call as soon as I can, thanks
Expert:  Ben Jones replied 10 months ago.
Hi, if you can please upload the documents you mentioned n here. I am unavailable at present but assuming it is not too late for you I will be back and can chat later this evening just after 10pm? Otherwise it will be tomorrow morning.
Customer: replied 10 months ago.
Yes that's fine - just to check will the documents I upload be visible in a public domain ? Many thanks
Customer: replied 10 months ago.
I have sent five I images of -1 the letter from my HOD 2. The detailing re my colleague who had written the O/H referral - the wording of which I could not challenge as it was against regulation3. The OH report confirming all I had said . My summary of events in an email ( I sent to try and get union representation - which I may or may not get ) I will send just now the recent Neurologists report - who I saw on Wdnesday. I saw the cardiologist on Friday of last week . His report will state that Zi had been put on far too strong heart tablets with heavy diuretics in them - and he feels this was the cause of the pre fall episodes and the fall at home. I should be able to get this report on Wednesday of next week .
Customer: replied 10 months ago.
And I have sent a further 3 images of the neurologists report from last week . Many thanks.
Customer: replied 10 months ago.
Do I phone you - or do you phone me. Many thanks
Customer: replied 10 months ago.
I am by my phone now. Shall I call or do you call me. Many thanks .
Customer: replied 10 months ago.
Dear Ben ,Should I phone you - or you me ,Kind regards
Customer: replied 10 months ago.
Can you give me a number to call ? Many thanks
Expert:  Ben Jones replied 10 months ago.
Hello, I am sorry I just managed to get back as hit some pretty bad traffic. Will you be available tomorrow morning and if so what time please?
Expert:  Ben Jones replied 10 months ago.
Hi there, I tried calling a few times this morning but every time an automated message comes on saying you are unavailable. I will be able to talk up until 2.30 today but after that I am engaged for the remainder of the day and tomorrow morning will be the next time I am around. Thanks

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