i am disabled and have to have time off for hospital procedures

This is the said letter;

‘As you can see the head with Lynn Pearson has stated in line, 4 that I have had persistent and excessive absence for sickness.’ As I have said in reply to this letter. My reply letter below.

…

However, to justify it as being fair the employer needs to follow a fair procedure and act reasonably. First and foremost the employer needs to comply with any workplace sickness absence procedures and policies. For example these could list the number or duration of absences before formal action is taken. My unison representative has failed me and indeed I have felt in the meetings that she was there to represent the head instead of me, agreeing with everything the head said and suggested to the head on stage one and two that she might want to go straight to a stage three/dismissal. I would like to know if you or someone from your department would meet and represent me at the meeting if she decides the meeting is still going to happen without waiting for the outcome of the occupational health’s .doctors report.

In any event, when considering the fairness of the employer's actions, a tribunal would usually look at the following factors:

• Did the employer investigate the nature, extent and likely duration of any illness and consult the employee in the process. My employer was shown all letters/appointment cards before the appointments, before the given date except the last appointment for a procedure to my spine in October 2013.this was because I received it in the term break and the procedure was at the last day of the break.




• If absences are short-term and intermittent, investigating whether there is any underlying cause (medical or otherwise). If necessary, follow a capability or disciplinary procedure instead, offering practical guidance and assistance, setting timescales for improvement, and giving warnings where appropriate. Only continuous absences should threaten dismissal. What does this mean?

• Before deciding to dismiss, consider surrounding circumstances, age and length of service of employee together with action taken in respect of similar situations in the past. None the head is new to this as I am, the HR has railroaded in and took charge well that’s what the head said.

• Consider importance of employee and/or the post occupied to the business, the impact their continued absence is having on the business and the difficulty and cost of continuing to deal with their absence. Each classroom teacher has the minimum of one TA, there are many TA’s throughout the school including some who float between classes. When I have been off and returned I have been told that there had been no problem covering the ICT suite as the floating TA’s have been covering for me. These TA’s often come in when I’m there to hear children read.


• Consider whether the employee could take up alternative employment or whether there are any other options that would avoid the need for dismissal. none

• If the employee has been absent long-term and is unlikely to return in the foreseeable future the employer should consider claiming under the terms of any Private Health Insurance policy or ill health retirement that is available. What does this mean – had no real help. Who should have the private health insurance the employer or employee?

Dismissal must always be viewed as a last resort by the employer. Only when it is obvious that the employee cannot continue in their job and that there was nothing else available for them to do would dismissal become a fair option. The courts have held that an important consideration is whether any reasonable employer would have waited longer in the circumstances before dismissing the employee. The letter from the school does not take into consideration to the waiting of the outcome of the occupational health doctor or any negotiation.

It is also important to consider the additional rights someone would have if the condition that is affecting them amounts to a 'disability'. This can have a broad meaning and there is no single list of conditions that amount to a disability under law. Instead, to establish whether a person is disabled, they need to show they satisfy the legal definition of ‘disability’. I am registered disabled.

The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”. As I have said before my quality of life and health has diminished since my back went. As a result of my disability I put on a lot of weight which caused me to have diabetes, high cholestial , fats in my liver causing gastric trouble and having to take a cattail of medication and given me IBS.

I will break this definition down:

• Physical or mental impairment – this can include nearly any medical condition;

• Substantial effect – the effect must be more than minor or trivial;

• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;

• Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.) yes all of these my speaking is the least I just sometimes have to pause and search for the words I want this is since I had meningitis. I have limited walking and can only drive short distances since my back went.

If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavorably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees. Although I was working in the ICT suite I was not given the recommended furniture by the disabled specialist adviser who specially calibrated the furniture needed for me to able me to achieve my work with minimum stress to my back. It took a year before I got any kind of chair this was a computer chair that was not solely for me other staff used it and also let children use/play on the chair when I was not in the room. It got broke and the caretaker patched it up with black insulation tape. The chair to begin with was not appropriate for me but the head said I couldn’t have the chair the adviser suggested because it was too much money. Therefore I do not feel that I have had resonal adjustment.

So in summary, if the employer has not taken time to investigate the true medical position, whether suitable employment was available and generally considered the effects the employee's continued absence would have on the business, any dismissal could potentially be unfair. In addition, if they have failed to make reasonable adjustments in the event the employee's condition amounted to a disability, this could also amount to disability discrimination. Every class has at least 1 TA there are floating TA’s and I receive ssp I believe this is not paid by the school.

The first step is to formally appeal the dismissal with the employer using the internal appeals procedure. After that all that can be done is to submit a claim for unfair dismissal in the employment tribunal (subject to having at least 2 years' continuous service), and/or pursue a claim for disability discrimination. I do believe that I am being discriminated but would prefer to conclude this amicably because it has all taken a toll on my health. I find it hard to sleep and I am having chest pains and palpitations. I have had several ECGs and an echo scan which concluded my heart was ok and the pains are due to stress. The stress also makes me forget things that I have only just heard. Like I’m at home but the lights aren’t on.

I have sent you a responce in reply to expert text box and an e-mail with 2 attatchments as they wouldn't go through in this box please reply thankyou

is there anyone who you can recomend to represent me? After reading my explinations of my thoughts is my boss is being resonable or could I take her for unreasonable dismissle? Or where do I stand within the law?

for Ben Jones is there anyone who could represent me if they go ahead with the meeting as I have said my unison rep is rubbish she supports my boss instead of me. From what I have told you in the sections above would I be right in thinking I would be right in thinking unfair/disabled discimination dismissal?

I've received a letter this morning stating she is not going to wait and the appointment is still going ahead. I got in-touch with the head office of Unison today. They gave my name to a Unison adviser who said I can't stop the meeting going on tomorrow and I will be offered an amount of money to go quietly and if I don't they are going to dismiss me anyway can they do this is this not constructive dismissal. Should I not be given time to concider?

This is what I plan to ask for the meeting to be adjourned as I do not have legal or union rep and to ask to be added to the minutes for future reference. I have no rep because I phoned Unison head office asking them to find me a rep NOT from the Salford office because as I had mentioned before I feel let down by them. A member of the office rang me someone who I have never met and have no chance to have any meeting with him before the stage 3 meeting and he has told me he will be there but will not be able to speak or do anything as he has already spoke to the head about me without my permission and told her the meeting can go ahead as he will be there representing me. He said she will give me £3,000 to go quietly and have no further rights to take ant further action OR I will be dismissed there and then. as I said I am going to asked for the meeting to be adjourned until I have representation. My question to you is if she wants to carry on with the meeting after me saying this do I stay and sit saying nothing or do I just leave the building? Which way would be best for me in respect of what happens next with the tribunal.

I have sent this letter to unison head office by next day delivery.

Dear Sir/Madam

On the 25/02/14 I received a letter summoning me to the above committee to take place on the 6/03/14 because of absence through ill health.

As a paid up member of UNISON I asked my regional office for representation as I felt that I was not being satisfactorily represented in stage one and two. I felt that Diane the representative from Salford Unison was not supporting me but in fact appeared to be supporting in every respect.

I telephoned London Head office in London and explained the situation. The precipitant of the call said she would put me through to the right department. I was transferred back to regional office. I explained my reason for asking for a representative from another area. Mr Steve North (from Salford) rang me and said that he would find me a different represented.

As I had heard nothing from Mr North, on the 5/03/14 I again rang unison head office in London, I reminded them of my previous call. I once again transferred to Regional office and spoke to Anne and was again assured of different representation.

Despite this assurance on the afternoon of the 5/03/14 Mr North again rang me… Mr North at any time represented me in this case. He took it upon himself to contact my head teacher. H took it upon himself to say that, although he wood not be able to say anything , he would represent me at the meeting the next day.

‘I felt completely bamboozled’

I have never met Mr North! I have never discussed the details of my case with him! -- and I have never asked him to represent me!

Early on 6/03/14. I again contacted the head office in London and spoke to Diane explaining that a representative from Salford was not acceptable –yet again I was transferred to the regional office. I spoke to Georgia and for the first time I that I could only have a representative from within Salford.

You will remember that the meeting of the dismissal panel was scheduled for ‘today’ 6/03/14. I had decided to go to this meeting and asked for an adjournment as I had no legal representation. At about 8:45am I received a phone call from Elaine at the Salford office of Unison to inform me that the meeting had been postponed until Monday 10/03/14 as Mr North was unwell.

I am registered Disabled, Diabetic and in constant pain. The additional stress of these events has aspirated my condition. An application for retirement has been made for retirement on ill health grounds on 28/02/14 and is well on the way. The head teacher however has refused to wait for the decision of the Occupational Health Doctor. The Occupational Health doctor has received a copy a health report from my GP and I have an appointment at the Occupational Health for a health assessment 24/03/14.

I am at my wits end. I have been told over the phone that the Dismissal Committee will meet sometime Monday 10/03/14. I am still not legally represented.

I am writing to ask for your help to resolve this very difficult situation.

Yours Sincerely

Iris E Barlow

p.s. I have had no success sending an e-mail to [email protected]

I have tried to get an e-mail address for yourself no one will give it to me.

I have asked them to put me through to you again no success.

I am attending the meeting on Monday with no representation, when you say colleague has that got to be a colleague from the school or can it be a colleague from church (who is also a friend)

ok thankyou it looks like I'm going it alone. Will I be able to take written notes in with me, I suppose like a script

is there anything inparticular I need to say In relation with there disission

If I don't get the chance I would like to say a great big thankyou to you and I will certainly tell everybody about your fantastic support I only wish I could use yours services when I go further if needed in the future thankyou

Thank you

for Ben Jones

Hi Ben as expected I was dismissed I need to appeal within 7 days from the date of the letter. I got the lettter Wednesday leaving only 5 days to reply. Is there a set time for them to give notice for to appeal, after putting in your request for an appeal is there a set time for the appeal hearing? SSP who pays this is it your employer or as I have heard the council (as I work for Salford Education) pay the SSP then they reclaim it from the HMRC? Can I take a solictor to the appeal or do I have to wait until the tribunal? My head teacher says she has spent 24,000 plus on me with Physio, councelling and occupational health. Again I have been told these are being paid for by the council, do I have the right to asked The head teacher for a beakdown of the cost she says she has paid out? Do I have the right to ask her for the minutes of the meeting held in my absence? Do I have the right to ask for my personal notes from the head? Do I have to have written proof about what l have been told about the council paying for me? Do l have the right to ask her to prove she has paid the money she says she has from the school budget, surely there are insurances that cover this kind of thing?

for ben jones hi ben i'm trying to make a payment and it's not excepting the change of card details. my husband set it up last time but he's forgotten the ussername and password XXXXX can i sort this out thank you

will do thank you

are the support 24-7 l have sent 2 e-mails to them and no reply

for ben jones hi ben all sorted payment accepted can we coninue now

for ben hi ben time to retire for the night l'll check my e-mails in the morning looking forward to receiving your answer good night

hi ben can you answer me now please

for ben jones hi Ben I still waiting can you answer me now my payment was taken yesterday l'm in need of your help in ideas what l should out in my dismissal letter that has to be in tomorrow.

for Ben Jones hi Ben l paid last night for your help and now the're asking me for extra money to talk to a femail Jo why can't l get you you know what is going on with my case

for ben jones hi ben have you got any of my messages since l pais last night

No I didn't get any responce So how do I get back to you as you know my case and I really don't want to explain everything all over again to someone else thank you