Sacked after injury, how to appeal

[optimisery]

Hi all. I was a rehire at Royal Mail.. (6 months break)..

I started back last week - given a very long round ..after 4 shifts I got various foot & leg injuries... I did complete the round each day but went over... Apparently the round normally has people cutting off daily..

This morning I called in sick to the sick line saying I was injured... i just could not walk.. No one called me back to discuss my issues.

This afternoon however I got a call basically saying the area manager has terminated my contract.. no explanation or reason was given .

I've asked if the area manager would phone me, I've been told no & that if I want to appeal I need to go through head office.

I'd really appreciate any advise on how to get the ball rolling on this.

I know it's not good to be injured in the first few days, but believe I was given too much. I also had no training at all on the duty .. it was also a trolley round & I wasn't aware I could have bag drops etc initially.

Thanks in advance.

[redlen]

Your situation is nothing new and a travesty. Expect little hope with any appeals process, but do put in that appeal. They can only say no. They have no-doubt dismissed you without notice on capability.

The Tories changed the law

Section 94 Employment Right Act 1996:

(1)An employee has the right not to be unfairly dismissed by his employer.
(2)Subsection (1) has effect subject to the following provisions of this Part (in particular sections 108 to 110)


Section 108(1) Employment Rights Act 1996 states with a qualifying period of employment:

Section 94 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than two years ending with the effective date of termination.


This is where the DSM/Area manager, whatever they call themselves these days, slips up. You have a contract of employment that sets out the disciplinary and dismissal procedure agreed through collective bargaining. If the DSM did not follow this, then I can see the dismissal as UNFAIR.

Even though Royal Mail does not have to justify any reason for dismissal, they undertook no investigation on capability or stage one attendance warning issued. That can be seen as a breach of contract.

If you are in the CWU this needs to go to the Branch Office, not local rep.

You need to put in an appeal against dismissal within FIVE days. Give it to your DOM if necessary by email or recorded delivery to protect yourself, as that is a contractual term.

But at the end of the day, it is what the new contract of employment states. As the old contract terminated when you left six months previous, the new contract takes precedence. When you left previous was it through capabilty, Ill Health Retirement, disability etc?

Do you have a copy of that new contract of employment?

[optimisery]

Hi, thank you for the information so far, much appreciated.

I left of my own accord 6 months ago.. no ability issues.

I did not get a new contract yet. The only paperwork I received was my DBS certificate. My office CWU rep has been in touch asking for more details surrounding induction (didn't have one) & other questions. A higher level rep is also now involved..

Absolute nightmare this is :(

[iHateD2Ds]

redlen, has offered some good advice.
Stick with your claim for unfair dismissal.
Good luck.

[optimisery]

Just to update this, I was reinstated via HR .. I emailed them with my story. I had to agree to a 3 month contract which stipulates that I can't have any time off sick in 3 months... Got given lighter duties for a few days .. Now onto full duties. Happy to be back & thanks for the help.