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D.d.a

Got a question for a CWU Rep? And all CWU related matters.
Jayfin
Posts: 135
Joined: 07 Feb 2012, 13:13
Gender: Male

Re: D.d.a

Post by Jayfin »

4th jan dismissed 7 weeks notice last day 13 march appeal hearing was 6february . Do I putIn a et after I've heard from the appeal hearing or before I hear and how do I go about it . Advice please
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: D.d.a

Post by fishtank »

Guidance.
http://www.justice.gov.uk/downloads/gui ... 10_web.pdf" onclick="window.open(this.href);return false;

Form.
http://www.justice.gov.uk/downloads/glo ... nt/ET1.pdf" onclick="window.open(this.href);return false;
good times, bad times you know I've had my share
hantsman
EX ROYAL MAIL
Posts: 876
Joined: 14 Jul 2009, 09:33
Gender: Male

Re: D.d.a

Post by hantsman »

Jayfin wrote:4th jan dismissed 7 weeks notice last day 13 march appeal hearing was 6february . Do I putIn a et after I've heard from the appeal hearing or before I hear and how do I go about it . Advice please
As you have been dismissed put it in now. I think you have already been advised that RM will drag appeal out.
liamlayor
Posts: 82
Joined: 17 Mar 2010, 10:42
Gender: Male

Re: D.d.a

Post by liamlayor »

Jayfin wrote:4th jan dismissed 7 weeks notice last day 13 march appeal hearing was 6february . Do I putIn a et after I've heard from the appeal hearing or before I hear and how do I go about it . Advice please
When you submit an ET1 you should already know if you are covered by the DDA/Equality Act. If you're not covered, you can't really claim disability discrimination so you need proof that you're covered, otherwise I think you'll have to go for unfair dismissal on the grounds that RM didn't follow the correct procedure when dismissing you, i.e. they failed to refer you to ATOS along with failing to provide the correct footwear, etc.

The tribunal will also expect you to have submitted a grievance about one, or both of these things. I'm sure you will have kept a copy of your grievance for yourself as RM appear to be notoriously careless with grievance forms that are submitted, they lose them or can't recall ever receiving them or just fail to respond. As long as you can say though, that you submitted one, even if it wasn't on the official grievance form, the ET will be ok with that. I know how difficult it is sometimes to get hold of a grievance form at work so I've had to submit a grievance just in the form of a letter in the past.

Make sure you put rm's correct address on your ET1, as follows: Royal Mail Group Limited, 100 Victoria Embankment, London EC4Y OHQ, otherwise they'll ask for an extension for their response because they'll claim they didn't receive it early enough because it was incorrectly addressed.
Jayfin
Posts: 135
Joined: 07 Feb 2012, 13:13
Gender: Male

Re: D.d.a

Post by Jayfin »

How do I get a et 1 form bit clueless
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: D.d.a

Post by fishtank »

Jayfin wrote:How do I get a et 1 form bit clueless
About 3 posts up.
good times, bad times you know I've had my share
liamlayor
Posts: 82
Joined: 17 Mar 2010, 10:42
Gender: Male

Re: D.d.a

Post by liamlayor »

fishtank wrote:Guidance.
http://www.justice.gov.uk/downloads/gui ... 10_web.pdf" onclick="window.open(this.href);return false;

Form.
http://www.justice.gov.uk/downloads/glo ... nt/ET1.pdf" onclick="window.open(this.href);return false;
I know you're probably in turmoil, it's understandable. Fishtank's already given you that information, just click on the links above. If you have a printer, print the form off before trying to complete it online, it's sometimes easier that way. Remeber that whatever issues you put in your ET will be the only issues they will consider. I think you've been given enough info on here to determine what the issue is and I think you've got it right in your own mind anyway. Good luck.
Jayfin
Posts: 135
Joined: 07 Feb 2012, 13:13
Gender: Male

Re: D.d.a

Post by Jayfin »

Sorry about that I missed the links on that post
hantsman
EX ROYAL MAIL
Posts: 876
Joined: 14 Jul 2009, 09:33
Gender: Male

Re: D.d.a

Post by hantsman »

Jayfin wrote:How do I get a et 1 form bit clueless

The best and easiest way is to file it online.
keithposty
Posts: 918
Joined: 22 Feb 2011, 11:44
Gender: Male

Re: D.d.a

Post by keithposty »

Royal mail has a statutory duty under Section 2, Health and Safety at Work Act 1974 to ensure your safety whilst you are at work, to ensure a safe working environment and that your health is not compromised or jeopardized in any way. Having informed royal mail of your condition, they failed to notify occupational health with reference to your condition and a phased return to work if necessary,

before you return to work, your employer MUST, BY LAW, carry out a risk assessment before allowing you back into the workplace. This is why many employers seek an occupational health assessment. This satisfies the statutory requirement to carry out a risk assessment under Regulation 3, Management of Health and Safety at Work Regulations 1999. Failure to carry out a risk assessment is an offence.

I would add that you, as an employee, have a statutory duty, under Section 7, Health and Safety at work Act 1974, to ensure your own health and safety and to assist your employer in complying with their statutory obligations under Sections 2 and 3, Health and Safety at Work Act 1974, including those persons who may be affected by your employers activities and anyone who may be affected by yours and their action or omissions.

A risk assessment is obligatory. It is not an option and ignorance of the law is neither a defence nor an excuse. Their failure to seek an occupational health opinion, the last time you were off sick, means that they failed to carry out a risk assessment, which is an offence, and their Employer's Liability Insurance is, probably, invalid, meaning that they are committing an offence by employing people without valid Employer's Liability Insurance.

I hate to say this, jafin, but the situation is, on the face of it, very serious, as your employer is taking a totally cavalier attitude to health and safety at work.

Personally, I wouldn't take anymore nonsense from royal mail. Your health is paramount and the most precious thing any of us living on this planet possess. Don't let your employers put your health at risk.

Make sure your rep reads this and takes this to the appeals manager

THIS IS WHY A BACK TO WORK INTERVIEW IS MANDATORY ON RETURN FROM BEING ON THE SICK
keithposty
Posts: 918
Joined: 22 Feb 2011, 11:44
Gender: Male

Re: D.d.a

Post by keithposty »

keithposty wrote:Royal mail has a statutory duty under Section 2, Health and Safety at Work Act 1974 to ensure your safety whilst you are at work, to ensure a safe working environment and that your health is not compromised or jeopardized in any way. Having informed royal mail of your condition, they failed to notify occupational health with reference to your condition and a phased return to work if necessary,

before you return to work, your employer MUST, BY LAW, carry out a risk assessment before allowing you back into the workplace. This is why many employers seek an occupational health assessment. This satisfies the statutory requirement to carry out a risk assessment under Regulation 3, Management of Health and Safety at Work Regulations 1999. Failure to carry out a risk assessment is an offence.

I would add that you, as an employee, have a statutory duty, under Section 7, Health and Safety at work Act 1974, to ensure your own health and safety and to assist your employer in complying with their statutory obligations under Sections 2 and 3, Health and Safety at Work Act 1974, including those persons who may be affected by your employers activities and anyone who may be affected by yours and their action or omissions.

A risk assessment is obligatory. It is not an option and ignorance of the law is neither a defence nor an excuse. Their failure to seek an occupational health opinion, the last time you were off sick, means that they failed to carry out a risk assessment, which is an offence, and their Employer's Liability Insurance is, probably, invalid, meaning that they are committing an offence by employing people without valid Employer's Liability Insurance.

I hate to say this, jafin, but the situation is, on the face of it, very serious, as your employer is taking a totally cavalier attitude to health and safety at work.

Personally, I wouldn't take anymore nonsense from royal mail. Your health is paramount and the most precious thing any of us living on this planet possess. Don't let royal mail continue to put your health at risk.

Make sure your rep reads this and takes this to the appeals manager

THIS IS WHY A BACK TO WORK INTERVIEW IS MANDATORY ON RETURN FROM BEING ON THE SICK
Jayfin
Posts: 135
Joined: 07 Feb 2012, 13:13
Gender: Male

Re: D.d.a

Post by Jayfin »

So let me get this clear even though they did a return to work interview they should have referred ne to atos and offered me a phased working pattern or light duties is that correct , the problem is my appeal already been heard I'm in the middle of amending the appeal hearing notes ,
hantsman
EX ROYAL MAIL
Posts: 876
Joined: 14 Jul 2009, 09:33
Gender: Male

Re: D.d.a

Post by hantsman »

keithposty wrote:
keithposty wrote:Royal mail has a statutory duty under Section 2, Health and Safety at Work Act 1974 to ensure your safety whilst you are at work, to ensure a safe working environment and that your health is not compromised or jeopardized in any way. Having informed royal mail of your condition, they failed to notify occupational health with reference to your condition and a phased return to work if necessary,

before you return to work, your employer MUST, BY LAW, carry out a risk assessment before allowing you back into the workplace. This is why many employers seek an occupational health assessment. This satisfies the statutory requirement to carry out a risk assessment under Regulation 3, Management of Health and Safety at Work Regulations 1999. Failure to carry out a risk assessment is an offence.

I would add that you, as an employee, have a statutory duty, under Section 7, Health and Safety at work Act 1974, to ensure your own health and safety and to assist your employer in complying with their statutory obligations under Sections 2 and 3, Health and Safety at Work Act 1974, including those persons who may be affected by your employers activities and anyone who may be affected by yours and their action or omissions.

A risk assessment is obligatory. It is not an option and ignorance of the law is neither a defence nor an excuse. Their failure to seek an occupational health opinion, the last time you were off sick, means that they failed to carry out a risk assessment, which is an offence, and their Employer's Liability Insurance is, probably, invalid, meaning that they are committing an offence by employing people without valid Employer's Liability Insurance.

I hate to say this, jafin, but the situation is, on the face of it, very serious, as your employer is taking a totally cavalier attitude to health and safety at work.

Personally, I wouldn't take anymore nonsense from royal mail. Your health is paramount and the most precious thing any of us living on this planet possess. Don't let royal mail continue to put your health at risk.

Make sure your rep reads this and takes this to the appeals manager

THIS IS WHY A BACK TO WORK INTERVIEW IS MANDATORY ON RETURN FROM BEING ON THE SICK

He has beeen dismissed already, appeal already held.
keithposty
Posts: 918
Joined: 22 Feb 2011, 11:44
Gender: Male

Re: D.d.a

Post by keithposty »

AS YOUR CONDITION WAS CHRONIC THEN YES

A RISK ASSESSMANT SHOULD HAVE BEEN DONE PRIOR TO YOU RETURNING TO YOUR DUTIES

they should have passed you on to atos

see your rep, i realise its a bit late now but its a cruise missile to hit them with

some behind closed doors discussion needs to happen me thinks when you inform them of an ET1 CLAIM
Jayfin
Posts: 135
Joined: 07 Feb 2012, 13:13
Gender: Male

Re: D.d.a

Post by Jayfin »

Union rep at my appeal hearing pointed out that After my first absence with pf the manager should have investigated it more which he didn't do , so I think he's implying what you said in your last post keithposty , I'm trying to get all my bases covered Iknow I've got a case against them but it's how to play it I'm unsure off , do I amend the meeting notes to include something I've learned from you guys or leave it alone and take my chances with a et1