Remaining politically neutral during General Election 2024


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Employment disability Discrimination

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sarahrowland
sarahrowland Community member Posts: 4 Listener
edited February 2023 in Work and employment
Hello 
I was diagnosed with cancer in June and after having surgery I tried to return to work after only 4 weeks of to find my job had been given to the Temp they took in to cover when I finally got in to the office  7th November they had a so called return to work gave me a new job description when I said no your not allowed to do this to me  they asked me to leave and not come back until they had written to me 
They then made up Spurious charges which I didn’t find what they were till they completed their EC3 certificate for the employment tribunal 
has anyone else been in the same situation I’m absolutely gobsmacked with what they have done I’ve just become damaged goods no longer required cor day to day in case my cancer causes a problem 

Comments

  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,983 Disability Gamechanger
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    Hello @sarahrowland. Welcome to Scope's forum. It is great to see you have joined us.

    Thanks for finding the courage to reach out to us. I appreciate the courage it can take to reach out, especially when you are new and finding things tough.

    I, firstly, want to apologise that no one has been able to respond to you until now. It sounds like such a difficult thing to go through and I can only empathise with you. 

    This is not something I have personal experience with which means I cannot, unfortunately, share lived experience with you. I am hoping our wonderful community members can though. 

    I mainly wanted to respond to your post to greet you, bump up your post and let you know I hear you and I am here for you.

    Please note, you are worth so much more than "just become damaged goods", even if you can't see it or feel it at the moment. 

    Again, I hope someone with similar lived experience can respond to you soon. Please don't hesitate to let us know if there's anything else we can do to help you in the meantime  <3
    Community Volunteer Adviser with professional knowledge of education, special educational needs and disabilities and EHCP's. Pronouns: She/her. 

    Please note: if I use the online community outside of its hours of administration, I am doing so in a personal capacity only.
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi there 

    Sorry I'm a bit confused with your post and would like to help if I can 

    Are you still working for the company

    What charges are you referring to on the ec3 form 

    Acas is the best place for employment advice 

    Have you been dismissed or is your complaint about change of job role.
  • sarahrowland
    sarahrowland Community member Posts: 4 Listener
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    Yes I am still employed my grievance appeal has not been completed even through the incident happened on the 7th November I have filled my EC1 form with employment tribunal Otherwise I would have run out of time as early conciliation did not work with Acas
    once the grievance procedure has finished, then the disciplinary process will start regarding a potential gross misconduct offence. Which I am disputing. As it never happened 

    my grievance is my job was given to a temp. It was employed to cover my role I was off and I was offered a different well when I came back. 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Thanks for explaining a bit more 

    What are the charges you refer to is the company implying you have done something wrong 
  • sarahrowland
    sarahrowland Community member Posts: 4 Listener
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    Why is is important? I’d rather not say on an open platform but the are alleging gross miss conduct 
  • Cartini
    Cartini Community member Posts: 1,108 Pioneering
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    Why is is important? I’d rather not say on an open platform but the are alleging gross miss conduct 
    janer1967 is ex HR staff and is asking pertinent questions to give you reliable advice.
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    No problem 

    If the are alleging gross misconduct and you have no knowledge of this they should have completed an investigation including one with you.  Have they taken any action regarding this I presume not if you were not aware of it 

    They will need to demonstrate they have followed their own disciplinary process in order for the tribunal to take the allegations into account 

     Sorry but it is hard to advise on a public forum when you don't have full details of a case  

    You don't need legal representation but knowledge of how these things work and the acas website has lots of help on there 
  • sarahrowland
    sarahrowland Community member Posts: 4 Listener
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    Yes it’s a minefield they say they are following the ACAS code on grievance and disciplinary matters but it’s been November December January and part of feb I’m still waiting to do the appeal for the Grievance they haven’t done the 
    disciplinary yet I’ve not seen or been invited to the an investigation meeting or seen any witness accounts but they have put this in their EC3 form as their defence as they are now saying that at my back to work interview (which wasn’t one) giving the temp my job they called it splitting the role and offering me a completely different job nothing I was doing before I was very hostile towards them I was upset as I think anyone would be then they accused me of saying something else which is completely untrue they suspended after I handed in my grievance by letter but on the day my first day back after going through breast cancer surgery they told me to leave the office and not come back till they wrote to me 
    everyone I know who I’ve told can’t believe it single mum going through chemotherapy I stand to loose my home it’s been horrible 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    I understand your upset and I'm not saying they have treated you right 

    They shouldn't have replaced you and yes should have heard the appeal.  Have they suspended you ? If so this should be on full pay and a letter issued with reasons why you have been suspended and when they will contact you about an investigation or disciplinary hearing 

    Seems lots of things not following acas guidelines going on 

    All you can do for now is prepare your case document everything dates who was there what happened etc copy any letters or emails etc and put this all together and follow instruction by tribunal 

    Lots of cases end up settling before a hearing either through mediation or out of court settlement 

    There are some old threads on here relating to tribunals if you can find them 

    Are you in a union they should help if so 
  • Wibbles
    Wibbles Community member Posts: 1,695 Pioneering
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    If you are in a union - ask them for help/advice now
    If not - it is not too late to join a union (That's what I did a few years ago, the union took my case on and I won)
    Alternatively - CAB is helpful - you can get an initial solicitors meeting FOC via CAB !
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