i have been dismissed due to ill health without my employer obtaining a report from my gp, they sent me to occupational health but their report states that they would have further info after my gp sent in her report, csn my employers do this ?
How long have you worked there for?
10 1/2 years
Okay, then you can't be unfairly dismissed. You have protection from that. Thus, if the employer has unfairly dismissed you without seeking to make reasonable adjustments for any ongoing needs, then it may be an unfair dismissal and hence you can claim.
What is the nature of the illness, was it something that would last for 12 months or more?
And were you dismissed due to the illness?
i was told at my meeting there was no alternative duties available
Okay - there is no clear answer one way of the other, much will depend on your illness, whether what they said was true, whether there were alternative duties available etc.
You have 3 months from dismissal to put in your claim to the Employment Tribunal.
You should see a lawyer and give them chapter and verse ASAP to ensure that you make your claim in time if you want to go down this route.
If you were dismissed due to a disability, then you may have a good disability discrimination claim too, which may be significant.
i have had a right arm tremor and speech impediment since starting with the service i went sick in feb after a fall and was given a 6 months certificate as my gp wished me to hsave some rehabilitiation but i was planning on returning to work after my rehab started but was dismiised the week before my msnsger said he could not sustsin my level of asbsence even though i told him i wsanted to come basck
Okay - then this may be a bigger claim for disability discrimination too. Id' suggest you see a solicitor or somebody at the CAB (one of their specialise employment advisors) to assist you in looking to make a claim.
I hope this has been informative.
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they told me that they could not sustain my sickness
Well, that might be true - it might not be. Depends whether you believe them.
i was not looking for alternative duties i hoped to return to my own duties they are relying on the ohs report which is very open due to the fact ohs didn ot hsave a report from my gp
And that might mean their decision was unfair. This is why I've suggested that you see a solicitor with a view to making a claim.
It's important you move quickly on this kind of claim.
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