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CAPABILITY hearing

2018Lucian2018Lucian Member Posts: 6 Listener
edited March 2018 in Employment and careers
Hi,I am Lucian,and is first time for me to ask anything .
I am going on my capability hearing this Thursday the 8th,a have been employed by the company for 2 years and 4 months now,doing bricklayer maintenance for a company contracted to do council houses, but from April last year 2017 I stop working because I had lower back pain and later one found out  I got spondilolesthesis grade 2 waiting surgery from November 2017 .  I am neary 40 years old ,do you thing the company can terminate my contract or the need to offer me something else ?
Thanks Lucian 

Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @2018Lucian
    Sorry you havent received a response to this, how did your hearing go?
    Scope
    Senior online community officer
  • 2018Lucian2018Lucian Member Posts: 6 Listener
    Hi,they will send me a letter in 5 to 7 days to let me know about the decision they will take about my contract.
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Oh fingers crossed for you! Let us know how you get on!
    Scope
    Senior online community officer
  • 2018Lucian2018Lucian Member Posts: 6 Listener
    Hi,like some of you know I was for a Capability Hearing and I received a letter confirmed that my contract will come to an end with one month notice and 21 days holiday to pay me and 14 days to appeal. I am really disappoint about that . Can anyone know what can I do ?Thanks Lucian 
  • charlenecharlene Member Posts: 555 Pioneering
    So sorry to hear that Lucian. Hope some one on here can help you. 
    When the going gets tough, the tough get going.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Lucian

    Sorry to hear this.
    Are you fit to go back to work ?
    If not then you should make a claim for ESA

    https://www.gov.uk/employment-support-allowance

    You might have a look at the B&W self test

    http://www.mybenefitsandwork.co.uk/med2/indexxx.php

    and if you are having trouble with daily living activities, consider PIP

    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    CR



    Be all you can be, make  every day count. Namaste
  • 2018Lucian2018Lucian Member Posts: 6 Listener
    Hi,I was thinking that they will give me some other thing to do in the company before  my surgery ( fusion L5/S1)like admin job and after recuperate(recovery) my survery to go back on my job Bricklayer/Plaster light duty if not I need to retrain . I have been working for them 2 years and 4 months and people said you have some right and the company need to wait until I can go back and try to see if I can do my job.
    Thanks Lucian 
  • BarbiesnemesisBarbiesnemesis Member Posts: 86 Pioneering
    @2018Lucian it might be worth telephoning the Scope helpline. I believe they have employment advisers that might be able to give you advice on retaining your job.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @mwila_scope, can you offer any input here?
  • mwila_scopemwila_scope Scope Support to Work service Posts: 52 Pioneering
    Hi @2018Lucian
    Hope you are well and sorry to hear about your situation.

    In cases where a disabled employee is absent from work because they can no longer continue in their  role due to ill health or injury, employers should consider redeployment as an alternative to dismissal if they are fit to work in some capacity.
    This will however ultimately depend on whether there are vacant positions.

    Dismissal should really be the last resort and an employee should consider as many ways as possible to help an employee back to work.
    I would advise you to contact to ACAS at your earliest convenience on 0300 123 1100 who will be able to offer you some legal advice and whether you would be in a good position to appeal the decision. 
    Hope that helps & let us how you get on

    Mwila
    Scope Employment Advisor
    Phone: 0300 222 5742
    Email: [email protected]
    www.scope.org.uk/supporttowork
  • 2018Lucian2018Lucian Member Posts: 6 Listener
    Hi,Mwila,

    Thank you that is very good advice I have been at CAB(Citizen Advice Bureau) today for an advice and they help me with a letter, appealing letter on terminate of employment on the  grounds of incapability due to ill health but I think this is happen due to my disability but they use different words to not saying "disability ground"because they know the danger they put themselves , and they (CAB) said if the company is still maintain same reason after appeal or not try harden I can ring ACAS to ask for advice or maybe they will taken my case.
    CAB will help me if I need their help in doing all of that for me.
    Tomorrow I going to give them the appeal letter.
    I want also to call the Scope Employment Advisor on the number you provide for more support in this regard.
    Thanks a lot 
  • 2018Lucian2018Lucian Member Posts: 6 Listener
    Hi 

    I just received a call from the company after I left an appeal letter for an appeal meeting in 24th April 18,and I have been in touch with disabled law service, and he advice to write to ACAS because I have a deadline from my termination of my employment 3 months and if I not do it I will lose my case what I didn't know and it's look that the company is not in a rush. 

    Thanks 


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