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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 807
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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Animal testing yeah I'm a member of the ucu and I've been

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Animal testing yeah I'm a member of the ucu and I've been off sick for some considerable time due to stress and anxiety and depression following personal issues and better parents etc I've had very little communication from my employer and also they have have implemented a new sickness policy whilst I've been off that they are now working towards
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I haven't discussed it with the as in raising a formal objection but I've spoken to my trade union representative and he is attended the last meeting that we've had I have the telephone conversation about my return to work tomorrow and then through a form of meeting on Wednesday
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Full-time employee as a improvement practitioner within the organisation which supports and facilitates teachers who require support and also delivers bespoke training modules for or teaching learning and assessment
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I belong to the ucu Union
Customer: replied 7 days ago.
Return to work on the 23rd of September after previously trying to attempt to go back but I wasn't fully recovered I spoke on the 22nd I attended the 23rd the hr manager asked to see me and told me that until I'd had an occupational health assessment I could not return to work and also Estate three of the sickness policy meeting need to be taken and and hence this is the new sickness policy was implemented in April when I was already off sick so I worked it to the old one or two the new one the outcomes of of the Stage 3 could be Reading Climbing roll with the phased return and the warning on your file a warning for being sick and you know I've got to go back for my doctor who has given a supporting letter
Customer: replied 7 days ago.
Following the meeting the other outcome could be biggest messed with your contractual Notice Period and you know there's been no communication have the only way that I knew what I was getting paid some months I didn't get paid and the months I got full pay and might as well they say that I owe them £4,000 in back page of the page that I shouldn't have had but there's been no communication that my pay would be decreased to half and I'm not really a 100% certain you know that they're acting in my best interest or or is there an interior agenda it's been very brief communication I have not spoken to the hr manager until she requested to see me and considering that the relationship that we had always at work at 7:30 about the same time and we'll sit and have a coffee and a chat and have no communication whatsoever and exemplary employee and grade 1 teacher I just feel as though there's nothing to support me Halloween the meeting on the 11th of September they said that they required me to attend or for somebody from Occupational Health to discuss my situation I am taste and chased and chased and emailed the union of email eventually somebody came to see me on the 11th of November it took them that long to get things sorted out I think they just forgot about it wasn't anything other than negligence on their part which hindered me from going to work which in effect you know is is there isn't there making should we say occupational health person came on the 11th of November they is a quick turnaround and made recommendations and that was sent to me on Wednesday the 13th which then I sanction for that to be to be sent to the employer who then I've had to wait until Friday of last week for them to get back to me with that they want to speak to me about it it's all very very lacking at I believe
Customer: replied 7 days ago.
Obviously I am single person and as well as the monetary issues and my own health I'm just a bit concerned as to why they haven't been at a more supportive role during the time I've been off. So I have had to chase everything and even to the occupational health and to the meeting at the meeting of the meeting this is now scheduled for tomorrow and then at 1 and Wednesday following the conversation tomorrow
Customer: replied 7 days ago.
Things have been hard with regards ***** ***** over stayed living on your own in London and you have no communication from anybody with regards ***** ***** and what would happen and as I said the only way that I ever found out was when I checked my bank on what I presumed with payday which is the last working day of the month
Customer: replied 7 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 7 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 5 days ago.
Yes please I will continue to wait but if possible I would like some professional help by Friday. Many thanks

Hello my name is Ross and I can help with this matter.

Customer: replied 5 days ago.
Many thanks Ross

Firstly, can you tell me how long you have worked for the employer, secondly, what health issues have caused your absence. Finally, can you tell me what your question is specifically please. Thank you.

Customer: replied 5 days ago.
I have been employed full time since 2008. I have been off with severe stress, anxiety and depression. I have had very little communication from the employer and I believe no duty of care. They only contacted when the were required to complete a part of the sickness policy. I have never been given a copy also they updated it in April of this year when I was off sick. They sent it to my work email.

Ok thank you, what is your question specifically please. Thank you.

Customer: replied 5 days ago.
I am just concerned as I had a meeting with my line manager, HR, union rep and myself where they wanted an occupational health company to assess me. This meeting was supposed to be the 1st week in Sept but was postponed until the 11th as the HR person was called away. The outcome of this meeting could have 3 outcomes. Redeployment, dismissed with contractual notice period or return to current role with a warning.
All harsh in my view. I have chased as has the union rep as I have been forced to stay at home until the person came to interview me. The occupational health person eventually after a lot of badgering on the 11th Nov.
Is this acceptable in your view.?

The cannot give you a warning for being sick. They can subject you to a capability process and this is legal. This can end up in dismissal however, this is not after the first review it has to be after the 3rd. There is another issue which you may not be aware of which is that if your illness can be classified as a disability under the Equality Act 2010 then there may be discrimination going on. When a person who qualifies as having a disability is absent from work, then the company has to look at reasonable adjustments before subjecting them to any capability proceedings. It does not sound like they have done this. However in order to determine whether your ailments qualify as a disability you have to have this assessed by a lawyer. Finally, and this is always a final step. If you go through the grievance process and they are still treating you unfairly then you can resign and claim for unfair constructive dismissal however, all other avenues should be explored prior to this being sought as a resolution. What you need to do is raise a grievance with the employer and follow the process through. If you do not achieve the outcome you want then you can go to the Acas website and make and applicant for early conciliation which is the first step in the legal process however, you do not require a solicitor to do this you can simply do it your self.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 5 days ago.
Many thanks I am upset as being a grade 1 Ofsted recognised teacher who has supported them with LGBTQI and have supported all students who have highlighted their preferred pronoun etc.

I hope you get a resolution to the matter. However, in terms of legal process you will have to go through the grievance procedure first then to Acas before you can take any action. Additionally don't wait too long as you only have 3 months minus one day to bring a claim against them (from the date of your grievance decision).

I hope this information has helped.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller,
Category: Employment Law
Satisfied Customers: 807
Experience: Director (Litigation and Mediation) at Hilltop Solutions
Ross Miller and other Employment Law Specialists are ready to help you
Customer: replied 5 days ago.
Yes many thanks