Holiday entitlement after reinstatement from wrongfull dismi

[flaminmoses]

Holiday entitlement after reinstatement from wrongfull dismissal

couldnt fit it all in

I was sacked and after "reinstatement" was not given my full entitlement from the day of sacking.
Ive had to file an online ET! claim (last day apparently although i would have stated/still might have to state that i only enquired 2 weeks after reinstatement) because hr did not put my full entitlement in.
In enquired and they told me that as i was away i wasnt entitled to any entitlement for that period.

total cobblers because reinstatement means "as if you had never gone away" according to employment working regulations in cases of dismissal.

Just be aware that anyone being reinstated rm will try this trick on to save money.

Dont delay.
Put in a greivance (even just first stage) so you have done your bit and if they dont agree or delay then fire in a claim asap.

[flaminmoses]

An update.
Rm have recognised that i am owed my entitlement although there is one issue to iron out before i pull the et1.

Will report back with a more detailed version of events after I've been given written evidence

[LinChong]

Did you win on appeal or tribunal?

I don't know if it was ATOS related or not but would you advise everyone to get the ATOS reports sent to them instead of management:

"The employer’s first steps will usually also be to get to understand the illness and prognosis better. Your member may be asked to submit to a medical examination, most probably with an occupational health adviser.

You should advise the member that the employer can only access this information with the members written consent [s3 (1) Access to Medical Records Act 1988] and that the member can see a copy of any report before it is sent to the employer and have an opportunity to comment on its content.

You should normally advise your member to comply.

Where your member disagrees with the medical evidence, alternative views can be obtained:

by the member from her/his general practitioner

from a specialist agreed by you and paid for by the employer."

http://www.unison.org.uk/acrobat/20530.pdf" onclick="window.open(this.href);return false;

[flaminmoses]

i won at tribunal 3-0 panel verdict and 3-0 on the 3 criteria.

thanks for your advice.
maybe the dom in question should read it and then decide in future not to disregard atos's recomendations.

something very suss about the way i never got a specific report yet got all the others. bar an initial diagnosis report which said i could only walk 10 minutes.
i kept getting chucked at me (verbally) that i was able to walk 3 hours even after the relapse.....atos had lost the report in their system belive it or not lol

could be that atos just never sent it but i will keep an open mind on that one especially as those 2 reports just happened to be the most important ones.

im not saying anyone had "influence" but it make you wonder.

anyways its not what you can get away with....its what you make the agreived think has happened that counts.

cant continue the fight until ive pulled the et1 which will probably be very soon.

[LinChong]

It sounds like it should never have gone to tribunal. Somebody's head should roll but the offender(s) will probably get away with it unless you make a complaint. Harassing the sick or any vulnerable worker is low.

Put the boot in.

[flaminmoses]

Et1 pulled.

They backed down last month but had me down as 4 weeks 3 and a half days instead of the full 6 weeks.
All calcs showed poal as having been deducted.

So basically trying it on in the hope i didn't spot it or just couldn't be arsed.

Waiting for the next episode

[fishtank]

Waiting for the next episode

Did you miss any Bank Holidays?

[flaminmoses]

Waiting for the next episode

Did you miss any Bank Holidays?

as i was "never away" i doubt i could get those.