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Have i got a case for unfair dismissal

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dentalclueless

Junior Member
What is the name of your state (only U.S. law)?

I am a nurse from the uk and i'm just trying to find out if I have a case against my ex-employer. I worked for a surgery for over 2 years and everything has been ok up til recently. I have a long term mental health problem but it doesn't really affect my ability to do my job. I attend regular reviews which normally would not disrupt my working day but if they do happen to fall in working hours, it's usually just for an hour and I return back to work instantly and continue with my job. A month ago I woz signed off work for depression for 2 weeks, this did not go down too well as we were understaffed due to a nurse being off for maternity leave, and my colleagues displayed their disgust at my not being thereon a social networking site, they had made snide comments in the past and had sometimes been difficult with me buti had always just got on with my job, ignored the comments and maintained civil with them so as not to shake up the working environment. When I approached them about the online comments which were made public for all to see I was faced with a huge altercation from all the staff which ended with them informing me that my personal circumstances and medical issues were found intolerable by my employer and they felt they had the right to mention this as my boss "didn't have the balls" ( a direct quote) to tell me himself. For the next few days I was hounded by my peers for my fit to work notice which I had informed them I would be bringing to my boss himself when he returned to work from a holiday.

I contacted my boss and asked to meet for a chat to discuss the issues and he agreed. I presented him with all the evidence and he agreed that it was rather threatening and we agreed that it needed to be made an official complaint. It contravenes 2 laws under the governing body over our surgery. I went away satisfied that the issue was going to be put to bed, however I was nervous about a backlash when I returned to work. On my return I discovered that everyone was giving me the silent treatment, as the offending nurse had been given a warning for her conduct. It made my job difficult that day, but as per and being the consummate professional I got on with my role and didn't rise to the childish antics. Arriving home that evening I was met with an email from my boss stating that the workplace had become "untenable" due to a breakdown in relationships in the surgery. I was informed I had been suspended on full pay til the end of the week and he would be seeking advice regarding my situation.

I was upset by this but accepted that I would honor his decision, he then informed me that he wanted to speak directly with my healthcare team regarding my condition and hoped to get a solution from them?? He asked for their number to contact them immediately. My health providers flat out refused this as it breached my data protection rights and was highly unethical in any way shape or form. I was advised by them to remind my employer this, so I sent an email letting him know they would not comply with his request. That evening I received an email from him stating in light of my email informing him of my health teams decision and after reviewing the emails I had forwarded from the other girls at the surgery that some of "My comments" had made it apparent that the breakdown was unable to be repaired and that he would be letting me go. He advised he would pay me statutory notice of 2 weeks pay and wished me the best. I enquired as to what comments I had made only to receive a very snotty email informing me I had misread his email, and he had clearly stated irreconcilable differences for the reason for my termination of employment. He bluntly told me that the girl I had complained about was refusing to work with me, as was another nurse (who happens to be the girls aunt) and that another member of staff was refusing to come in to work because of all the drama. He implied that this was a constant thing although I had never been made aware of this situation before. I thanked him for his time and the opportunity.

I wrote a letter of appeal which has been ignored and am thinking of going to employment tribunal, but I want to know if i'm wasting my time or not. If anyone who knows there stuff when it comes to british employment law could help it would be much appreciated.
 


cbg

I'm a Northern Girl
US law and UK law are not the same. That's why up at the top it says US law only.
 

OHRoadwarrior

Senior Member
On the surface it does not appear you were fired for being disabled. You were fired for disrupting the harmony of the workplace. Unless your employer owns the social media site, I would say you are out of luck. Please note this is an opinion and not based on knowledge of UK law.
 

Proserpina

Senior Member
Yeah, on this one ORW, you're not even close.

MUCH depends on whether OP had a contract, the length of time she was working there (even if there was no contract), and a host of other things.

Employers in the UK are held to much stricter rules than those in the US when it comes to getting rid of folk. Employees tend to enjoy a lot more protection.

To the OP, I'd have a sit down with the CAB first and see what they say. Then contacting a local solicitor might not be a bad idea.

http://www.citizensadvice.org.uk/index/getadvice.htm
 

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