Stage 3 & dismissal

[wozza1000]

Hi
I've just had a stage 3, and been dismissed, I'm currently working my notice and intend to appeal.
My questions are these
1) 7 weeks past between my final absence and my stage 3 interview, and a further 3 weeks (including my manager taking a weeks annual leave) before he informed me I was to be dismissed. So 10 weeks in total, this can't be right, can it?
2) After my one from last absence I never attended a "Back To Work" interview, and subsequently was admitted to hospital due to working while unwell, hence getting the stage 3. I've been told this makes the whole stage 3 invalid. Is This correct?
3) My manager said the main reason he is dismissing me is because I have had a stage 3 interview in the past. However this was a couple of years ago, and my stage record has been closed and clear since then. So surely he can't refer back to this and use it against me, can he?

I would be grateful for any help.

[wozza1000]

Just thought I'd add... the previous stage 3 interview was with our old manager, and it took him 24 hours to wrap the whole thing up, and let me know I was OK. So taking 10 weeks this time seems dodgy!

[clashcityrocker]

1. I don't think there is any timescale they have to adhere to.
2. The return to work interview was outside of the formal procedure.
It might be slightly different under the new attendance procedure but it would depend when your absences were.
3. Looking back at all of your absence record is exactly what they are supposed to do.

Good luck.

[broughts]

Think im right in saying that no back to work means that they havent followed procedure and will make your stage invalid,but i also think that u can only do this at stage 3 so best get union involved and gd luck

[IcanthelpthewayIam]

Hi
I've just had a stage 3, and been dismissed, I'm currently working my notice and intend to appeal.
My questions are these
1) 7 weeks past between my final absence and my stage 3 interview, and a further 3 weeks (including my manager taking a weeks annual leave) before he informed me I was to be dismissed. So 10 weeks in total, this can't be right, can it?
2) After my one from last absence I never attended a "Back To Work" interview, and subsequently was admitted to hospital due to working while unwell, hence getting the stage 3. I've been told this makes the whole stage 3 invalid. Is This correct?
3) My manager said the main reason he is dismissing me is because I have had a stage 3 interview in the past. However this was a couple of years ago, and my stage record has been closed and clear since then. So surely he can't refer back to this and use it against me, can he?

I would be grateful for any help.

I would recommend going to see a lawyer asap, you are probably going to need to go to an employment tribunal for this one, but the main key thing is that they did not follow correct procedure ie no return to work for one of the absences, no offence to your rep or even your area rep but your job is very much on the line, if your in the union call the lawyers simpson millar for advice asap about putting in an appeal or employment tribunal claim

[coxie]

Stick to yor guns in your appeal about not having back to work meetings, this means they have not followed procedure and as a result you wasn't offered any help which could have helped you avoid an absence.

No he can't take into consideration anything from the past only this stage 1 , 2 and 3. He can't go back to any stages you might have had in previous years.

Also plead ignorant say you asked for your sick record on numerous occasions but was denied plus the stage system changed last year and that confused you so you were unaware of your sick record and may have dragged yourself into work if you was more aware and battle trough one of your illnesses.

[elias]

A return to work interview is part of the formal process but it is a joint responsibility for this to take place both on the part of the manager AND the individual who is returning to work. If you cannot prove you requested that the interview took place at the time I don't rate your chances very highly of relying on this error restrospectively. Good luck anyway.

[LinChong]

This stressful experience has worsened your health. See your GP and make sure this stress goes on your medical records.

Do not agree to see ATOS. Write to your manager telling him/her that you do not give the company permission to access your medical records.

Your tribunal claim will be for unfair dismissal because you were victimised because of your disability. Under the new rules, an ACAS bod will contact you but to accept the offer of the company paying for your legal advice you will have to ask for a settlement agreement which means you will have to ask to leave. Don't touch it with a barge pole. Fork out for a Somali pirate negotiator to get you back to work and a cushy number for the rest of your working life because they won't dare come after you because you will be wearing a hidden camera.

[IcanthelpthewayIam]

This stressful experience has worsened your health. See your GP and make sure this stress goes on your medical records.

This is the second person who you have recommended claim they have stress in as many weeks, neither of which have even mentioned stress or bullying in any way shape or form, why are you recommending they claim they have an illness that both have quite clearly not mentioned they have?

encouraging people to claim stress is pretty low, stress is a serious mental illness and you shouldnt be encouraging people to claim they have it when they have not even mentioned it

Do not agree to see ATOS. Write to your manager telling him/her that you do not give the company permission to access your medical records.

What will this accomplish the person has already been dismissed?

Your tribunal claim will be for unfair dismissal because you were victimised because of your disability.

What disability? where has the OP even mentioned that they were absent for any sort of disability? for all you know it could be a range of different medical conditions that have triggered the previous stages?

[LinChong]

Rattled your cage.

[IcanthelpthewayIam]

Rattled your cage.

Just don't think people should be encouraging people to claim they have illnesses they clearly have not said they have

[LinChong]

f**k off.

This is a dirty war.

[IcanthelpthewayIam]

f**k off.

This is a dirty war.

Mate grow up.

People should not claim they have an illness they don't have. It's people like you that cause the people off with genuine illness to get hassle, it's no wonder doms think a postie is faking illnesses with advice like yours

[LinChong]

The Union is full of quislings, it's not what the members want.

Why are union reps who hold the line shunned by the Union establishment?

Why is it ok for right wing organisations like the French Foreign Legion to never surrender but it is not ok for CWU union reps to hold the line?

[clashcityrocker]

The Union is full of quislings, it's not what the members want.

Why are union reps who hold the line shunned by the Union establishment?

Why is it ok for right wing organisations like the French Foreign Legion to never surrender but it is not ok for CWU union reps to hold the line?

Why don't the French Foreign Legion claim they are suffering from stress, wear hidden cameras and say they feel suicidal?