So angry I gotta share !!!

[Hobby]

I'm putting this on as I've just got some details and maybe there's somebody on the forum can give me some pointers.I appreciate it's not about diving but I could use the help here.My fiance's got asthma,she was sacked this morning for that!I did'nt think they could do that but according to ACAS they can as she's only been there about 3 mths.Last Wed in the early hours she had an attack,rang in sick for the day and went back(prematurely)on Thurs.morn where she had a biggie and had to be rushed off and nebulised.Took Friday off as still wheezy and went back in this morn to be sacked.Her boss actually stated her work's excellent but she's unreliable due to the asthma( she had a day off with it a month ago too).It sounds wrong to me but apparently they can do this,my thought's are (and I mean no offence here)is that if she were different skinned or visibly disabled this may not have happened as the ramifications would have been serious,but as it's"just asthma",well sorry we have'nt got time for all that,any suggestions?Hobby.

(Edited by Hobby at 12:09 pm on May 27, 2002)

[Ammers]

I raised a case to the Employment Tribunal a few years ago for constructive dismissal and I won. I can give you the details of a network of employment solicitors if you are interested in going down that road. The grounds used to be 2 years employment then that was changed to 1 year. However, nothing's set in stone. Get in touch if interested.

[Hobby]

Cheers Ammers,problem is that(esp.now)we have'nt the finances to pursue this via a solicitor.The job centre were quite disgusted but scould only refer us to ACAS,I get the feeling that the story will be pretty much the same at CAB.She rang her ex-boss and he's agreed to pay her for another week (as she should have had a weeks notice)this is apparently all she's entitled too.Europe,worker's rights etc.good eh!Hobby.

[Ammers]

I couldn't afford a lawyer either but I went to see him on a "will you take the case and bill the company basis" which he agreed as it was a strong case. I can give you contact details of a network of employment specialists whom I'm sure will see you for one appointment at least, to discuss.

Your fiance should also inform the workplace that she is considering legal action and ask if they will pay for the first appointment. It's in their interests to pay if they don't think she has a leg to stand on as they then know it won't go any further.

If they do however think it's wrong then they might come to a Compromise Agreement. There is a law governing how these agreements are drawn up. A Compromise Agreement between a commercial company and an individual usually consists of "silence" money and the signing of a contract which states you won't take any further action and will keep it confidential etc etc.

The other option is that she can make an appointment with either the Director or next in line Manager of Human Resources, give them a letter of resignation and advise that she is going to raise a claim to the Employment Tribunal under the banner of unfair or constructive dismissal.

This kind of thing is all too common and unfortunately an awful lot of people don't realise that they have rights in the workplace which fall under the jurisdiction of employment law. The biggest chance that she has is down to the wording of the employment contract and the adherence to company policy in line with these situations. That's where I raised a case and found that there were many breaches going on. The stuff that goes on behind closed doors is f*ckin unbelievable.

I've been through this whole gig and I chose to go large because I knew my rights at work. A few other people did not. I was told that I would be sacked if I chose to inform them. I did inform them at the risk of losing my job (luckily I didn't because I had a #### good lawyer)and they raised similar claims - all claims were won and my entire legal fees were footed by the company. It was a seriously unfair situation and worth fighting for. Too many people just lie down and accept what they're given - not me. You only get one life, if something's important enough and worth the resulting hassle then do it. But you need to be prepared for a lot of hassle and you need to be stubborn as they will possibly try many tactics to make you "go away".
Get in touch if you want more info.

[Davey Willo]

Good post Ammers

Hobby defo worth a look as your fiancé has nothing to lose and as you say this is totally unfair.. God forbid but it might happen to her again, so you might as well fight this one, approach a lawer as Ammers did and see if they are willing to fight the case.
Good luck mate.

[Ammers]

Thanks Dave and that's a good point about Hobby's fiance having nothing to lose. See you at St Abbs next week, looking forward to some good "techie talk" with you, over a few beers. You can use my full rig if you fancy a check out "orientation" dive with it (not a deep one though!) then decide if you want to borrow it for a while longer. I'll happily take you through the full system and demonstrate some skills etc.

I'm just about done with building the cave diving side mount harness up to my required spec so you'll be on those luvverly twins sooner than you think, in fact possibly this weekend I will be ready to wave goodbye to them for a while! :cheesy:

[Jay]

Sorry to hear about this - especially so because I also have asthma (although it is now well controlled and is only aggreivated by my allergy to dust and chicken feathers!). This sounds so wrong (if your fiance was in a wheelchair for example and was sacked because of that then ACAS would be all over them like a rash).

I think the other posts detail some great actions - especially using the 'No win, no fee' ambulance chasers.

I hope she manages to find someone to represent her and nails the b@*&%&#36ds to the wall.

:soapbox:

[Davey Willo]

Ammers I just read your post and nearly shat with excitement :biggrin:

[Ammers]

He he Dave, that twinset bug sure has you bad! I've got a plan. I'm off work on Monday and Tuesday and I fancy diving then too if you want to also? That would be 4 days of great diving, my idea of heaven basically. Failing that I'm off to the Dales for some caving. I went dry caving on Sunday and reached a sump after an abseil down a 25 foot pitch, I was desperately wishing I had tanks to dive. Going back soon with full gear, I want that sump!