(@Chook will be thinking of you as I've been there done it and still have the T Shirt. ( I was seriously injured in an accident on Company Business and went through a year of torture trying not to be dismissed on the grounds of no longer being capable of doing my job. This was after 37 years service. I fought them and won but I was lucky as I worked as a pensions analyst so I knew the rules a lot better than anyone I was against. Leaves a bad taste though. Be prepared and don't rush into any answers and you always have the option to terminate the meeting if it gets too much. Do you have someone with you?)
Mine wasn't disciplinary either. Same boat as you. At first they were just "reviews" to see how I was doing and the likelihood of returning to some kind of work but when it became clear I was never going to be able to work again that was when I twigged we were heading towards dismissal on capability grounds (which I knew they could do but I was not about to let them). As a long service employee I was going to be an expensive redundancy or early retirement so the capability route was the cheap option for them. I will never forget in the throes of many medicals and assessments being told by the OH doctor that she couldn't recommend retirement as I would be fit to do a job that didn't exist! That was the point I had enough and told them what was going to happen and why - and it did but it was ghastly getting to that stage. Make sure you ask for a copy of the DVD- and best of luck.Nope - no one going with me because its not a disciplinary matter - just yet another 'friendly chat' to find out if there's any way they can help me return to work (how can it be friendly when it's recorded on video?) There is no chance at all of me returning to work doing the job I used to do and we all know that, I think they are just ticking boxes now in case I take them to a tribunal or sue them. TBH there are times like right now when I just wish they'd get on with it and get rid of me but they are very aware that they were at fault and they know I have copies of my witnesses' statements.
And you are correct they do have a process to follow if they don't want to find themselves open to a claim for discrimination on disability grounds.Mine wasn't disciplinary either. Same boat as you. At first they were just "reviews" to see how I was doing and the likelihood of returning to some kind of work but when it became clear I was never going to be able to work again that was when I twigged we were heading towards dismissal on capability grounds (which I knew they could do but I was not about to let them). As a long service employee I was going to be an expensive redundancy or early retirement so the capability route was the cheap option for them. I will never forget in the throes of many medicals and assessments being told by the OH doctor that she couldn't recommend retirement as I would be fit to do a job that didn't exist! That was the point I had enough and told them what was going to happen and why - and it did but it was ghastly getting to that stage. Make sure you ask for a copy of the DVD- and best of luck.
After the meeting today I'm sure that it is just a process - very boring. Nothing new came out of it except would I consider some sort of telephone diagnosis thing - I said I've got no problem with that although I wonder just how valuable it will be for someone to do a diagnosis over the phone when my GP has already given his opinion. They talked about moving me in to a role that I could cope with physically - then told me that no such vacancy currently exists. Then, finally, we - or rather, they - started going back over the accident that caused all this in the first place. I suggested they looked at the tape of the first meeting and read my statement and the minutes of the first Welfare Meeting. Basically I had a two hour round trip for a 30 min meeting.And you are correct they do have a process to follow if they don't want to find themselves open to a claim for discrimination on disability grounds.
I found these meetings really distressing and stressful. They have to look at:-After the meeting today I'm sure that it is just a process - very boring. Nothing new came out of it except would I consider some sort of telephone diagnosis thing - I said I've got no problem with that although I wonder just how valuable it will be for someone to do a diagnosis over the phone when my GP has already given his opinion. They talked about moving me in to a role that I could cope with physically - then told me that no such vacancy currently exists. Then, finally, we - or rather, they - started going back over the accident that caused all this in the first place. I suggested they looked at the tape of the first meeting and read my statement and the minutes of the first Welfare Meeting. Basically I had a two hour round trip for a 30 min meeting.
I did, however, prove a point to myself - stress really drives up my BS! Fasting was 6.1, two hours after breakfast was 6.2. Then (with nothing to eat since breakfast) at 12.45, just as I was leaving to catch the bus to the welfare meeting, I started feeling very odd and sleepy - tested again and it had shot up to 10.1 so, assuming it was wrong, I tested again - 9.8!!!! I haven't had BS that high in more than two years. I drank lots of water which brought it down a bit and then after the meeting I tested again and it was back down to 5.7 and is now 5.2.
So, meals today:
Breakfast: Two boiled eggs and Lidl protein roll buttered soldiers
Lunch: Nothing
Dinner: Chicken and vegetable curry and cauliflower rice
Supper: Not sure yet - probably a bit of Comte cheese and/or a small bag of Sunbites Popcorn
I found these meetings really distressing and stressful. They have to look at:-
1) Can they make reasonable adaptations that allows you to return to you original job. If "no"
2) Is there another suitable job that fits your skills and qualifications.
From there unless there is something that provides for disability or early retirement (as there was in my case) then they can dismiss you on the grounds of no longer being capable of carrying out your job. Harsh and they get away with it in a lot of cases. In my case there was no way I could return to my original job. Alternative jobs were also ruled out and that's when I was told I could not get disability/early retirement because I could work part time from home even although no such job existed! After a short battle I got a full "pension" as if I was at retirement age which cost them as I was only 54 then. It was an Industrial Accident so it was really sickening I had to fight them.
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