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Hi all. Thank you in advance for help and apologies if this post goes on longer than I intended, I will try and keep it to the point!
I'm after some advice, although I am still in the middle of things at the moment.
I have been working for my employer since June 2014. Since that time, I have had a lot of sickness absence (including hospital stays) due to a kidney problem which is ongoing.
Every time I have been off sick, I have emailed or called my boss each day I was off (even when I was in hospital. I let them know every day I couldn't come in).
I had time off in December, January and February.
My boss called me in to the meeting room and sat me down. He said we needed an on the record chat, offered me to ask someone to come and join me if I wanted. I refused, thinking it was probably a verbal or written warning about sickness absence (about which he has always been understanding and we enjoy what I thought was a good relationship). He sacked me on the spot, and when I asked why, he said it was performance issues. I was shocked and became very upset as I was taken entirely by surprise. He offered me the right to appeal, but then said he'd like me to work my notice, help recruit my replacement, and do a proper handover.
I took some advice from my dad (who is my rock, thanks dad!) who was very angry on my behalf (I'm still just upset) and I have followed his advice except for one thing (I have agreed to work my notice and he advised me not to.)
I met with my boss on the Friday and brought my dad along with me for support. I asked for a Settlement Agreement that would include me working my month's notice, handing over, as long as I received a loss of office payment to keep me going and a reference (which boss had already offered). I disputed that my dismissal was brought about by 'poor performance' and rather in response to my ongoing illness.
Some points:
- I have never been paid SSP. I have only ever had sickness days deducted from my pay, after I have paid full tax/NI etc. When I asked accounts about this, they said as they had never received a sick note I wasn't entitled to SSP. Some months I came out with very little (£400 in December for example) and although I have queried this, it has never been addressed. I have got into debt in order to survive the months I was short on pay. I was never asked for a sick note or to prove I had been ill, boss was always very understanding. I came in to work sick some times and was sent home! They know I wasn't "skiving". Since then, I asked my GP for a sick note (for most recent absence) and he said he is happy to do me a letter or 'backdate' notes to prove my illness is genuine.
- I have never signed or had sight of a contract/statement of terms and conditions, although I understand one was prepared to comply with ISO9001 about 6 months after I joined the company, I have never signed this.
- When I was dismissed, I was 21 months into employment. (3 months short of protected employment or 2 months including my notice)
- I have never had a performance review, appraisal, warning or even a stern talking to. Sickness absence has never been addressed as a problem (boss very understanding).
- a few days before my dismissal, boss asked if doctors had diagnosed me. I said they think it may be kidney disease but I'm still undergoing testing (blood/urine is being monitored and I'm going for a scan in April), they want to investigate the root cause of my recurring infections (which cause me to be off). He said, if it's kidney disease will I get better? I said no, you don't get better but you can just manage it. The following week I was sacked.
- I believe pressure from the board forced his hand because I've been off sick so much. I don't think he genuinely thinks I'm not good enough in my job (in fact, said how awesome I am but said one element is lacking and that's why I'm being booted out), if he were to undergo an improvement plan/warning system it's likely I'd reach 2 year mark so I think this has been done in haste.
Following the meeting that I have asked for the Settlement (how can I carry on working for my boss now I know he wants me out?!) boss has said the points I made in the meeting following dismissal should be heard as an appeal (basically I disagree that my performance is bad enough to warrant sacking). I didn't ask for an appeal but I have agreed to it in order to follow process and make my points to a different director.
My appeal 'hearing' is today. I am going to ask for the settlement again.
I have been in work every day since the dismissal, working my notice, although it is AWKWARD AS HELL being in the office alone with boss (I share a room with him in our building).
Come April, I am out of a job. I have been looking but I don't think I will 'walk into' a position and this is why I have asked for a 'loss of office' payment to give me a bit of breathing space until I can find something else.
My plan is to settle, but if they will not agree to a settlement, I intend to contact ACAS to get involved and mediate/conciliate, and if I have to, I will pursue a claim in the ET but this is last resort and I would like to walk away as gently as possible.
Bearing in mind the stage I am already at, does anyone have any advice or input?
I'm after some advice, although I am still in the middle of things at the moment.
I have been working for my employer since June 2014. Since that time, I have had a lot of sickness absence (including hospital stays) due to a kidney problem which is ongoing.
Every time I have been off sick, I have emailed or called my boss each day I was off (even when I was in hospital. I let them know every day I couldn't come in).
I had time off in December, January and February.
My boss called me in to the meeting room and sat me down. He said we needed an on the record chat, offered me to ask someone to come and join me if I wanted. I refused, thinking it was probably a verbal or written warning about sickness absence (about which he has always been understanding and we enjoy what I thought was a good relationship). He sacked me on the spot, and when I asked why, he said it was performance issues. I was shocked and became very upset as I was taken entirely by surprise. He offered me the right to appeal, but then said he'd like me to work my notice, help recruit my replacement, and do a proper handover.
I took some advice from my dad (who is my rock, thanks dad!) who was very angry on my behalf (I'm still just upset) and I have followed his advice except for one thing (I have agreed to work my notice and he advised me not to.)
I met with my boss on the Friday and brought my dad along with me for support. I asked for a Settlement Agreement that would include me working my month's notice, handing over, as long as I received a loss of office payment to keep me going and a reference (which boss had already offered). I disputed that my dismissal was brought about by 'poor performance' and rather in response to my ongoing illness.
Some points:
- I have never been paid SSP. I have only ever had sickness days deducted from my pay, after I have paid full tax/NI etc. When I asked accounts about this, they said as they had never received a sick note I wasn't entitled to SSP. Some months I came out with very little (£400 in December for example) and although I have queried this, it has never been addressed. I have got into debt in order to survive the months I was short on pay. I was never asked for a sick note or to prove I had been ill, boss was always very understanding. I came in to work sick some times and was sent home! They know I wasn't "skiving". Since then, I asked my GP for a sick note (for most recent absence) and he said he is happy to do me a letter or 'backdate' notes to prove my illness is genuine.
- I have never signed or had sight of a contract/statement of terms and conditions, although I understand one was prepared to comply with ISO9001 about 6 months after I joined the company, I have never signed this.
- When I was dismissed, I was 21 months into employment. (3 months short of protected employment or 2 months including my notice)
- I have never had a performance review, appraisal, warning or even a stern talking to. Sickness absence has never been addressed as a problem (boss very understanding).
- a few days before my dismissal, boss asked if doctors had diagnosed me. I said they think it may be kidney disease but I'm still undergoing testing (blood/urine is being monitored and I'm going for a scan in April), they want to investigate the root cause of my recurring infections (which cause me to be off). He said, if it's kidney disease will I get better? I said no, you don't get better but you can just manage it. The following week I was sacked.
- I believe pressure from the board forced his hand because I've been off sick so much. I don't think he genuinely thinks I'm not good enough in my job (in fact, said how awesome I am but said one element is lacking and that's why I'm being booted out), if he were to undergo an improvement plan/warning system it's likely I'd reach 2 year mark so I think this has been done in haste.
Following the meeting that I have asked for the Settlement (how can I carry on working for my boss now I know he wants me out?!) boss has said the points I made in the meeting following dismissal should be heard as an appeal (basically I disagree that my performance is bad enough to warrant sacking). I didn't ask for an appeal but I have agreed to it in order to follow process and make my points to a different director.
My appeal 'hearing' is today. I am going to ask for the settlement again.
I have been in work every day since the dismissal, working my notice, although it is AWKWARD AS HELL being in the office alone with boss (I share a room with him in our building).
Come April, I am out of a job. I have been looking but I don't think I will 'walk into' a position and this is why I have asked for a 'loss of office' payment to give me a bit of breathing space until I can find something else.
My plan is to settle, but if they will not agree to a settlement, I intend to contact ACAS to get involved and mediate/conciliate, and if I have to, I will pursue a claim in the ET but this is last resort and I would like to walk away as gently as possible.
Bearing in mind the stage I am already at, does anyone have any advice or input?
xx
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