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Author Topic: Termination of contract  (Read 539 times)

Offline Gildo

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Termination of contract
« on: Mar 26 2019, 03:37 PM »
Following on from my last post "fear of job loss", well it happened. I have been told my contract will be terminated in 12 weeks. They will continue to look for a post for me for a further 2 weeks from today but if nothing becomes available then I lose my job. Im just numb right now. I have an illness that prevents me from carrying out "certain" duties and it appears that makes me unemployable. I have worked for the health service for 14 years (27 years in total with some gaps in between) and this is how I am treated. Im just in shock as to how quickly they can toss me aside in the hope of finding a newer, all singing, all dancing, perfect model to take my place  :-[

Offline Spinner

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Re: Termination of contract
« Reply #1 on: Mar 29 2019, 09:25 PM »
Sounds unreasonable - MD does settle down typically after 6 months to 2 years

Offline Spinner

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Re: Termination of contract
« Reply #2 on: Mar 29 2019, 09:27 PM »
this sets out some of your rights, but I guess you've read this already

https://www.gov.uk/dismissal/reasons-you-can-be-dismissed


Offline MissCheeva

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Re: Termination of contract
« Reply #3 on: Apr 04 2019, 12:21 PM »
Hi Gillian,

I am so sorry that you are heading down this route.  I can't help in terms of the employment situation, but we are always here to offer support where we can.

Thinking of you
Diana

Offline Gildo

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Re: Termination of contract
« Reply #4 on: Apr 05 2019, 06:52 PM »
Hi everyone. Sorry I'm only replying now but tbh I've been in shock and mentally exhausted thinking about what do next. HR are continuing to look for suitable jobs for me for the next few days and I am praying something becomes available so that I don't have to leave. If not then I'm done. Its hard to accept because there are so many roles within the health service i could do. So many agency staff being paid to fill vacant roles that I could be filling. In my eyes they have just got fed up with me and the uncertainty of this illness. Yes MD can stabilise but in my case it came back with a vengeance and robbed me of a good job. All I can do now is wait and accept my fate. Im not looking forward to finding a new job at 51 with an illness that very few understand.

Offline The Wobbler

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Re: Termination of contract
« Reply #5 on: Apr 15 2019, 02:50 PM »
If a suitable position cannot be found, and I am not sure what incentive they have to do so, have they or you talked about early retirement on the grounds of ill-health?  The public sector is likely to have more generous provisions for such an eventuality.

Offline Gildo

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Re: Termination of contract
« Reply #6 on: Jun 04 2019, 04:51 PM »
Hi everyone
Just wanted to update you on the job situation. So after telling me they were terminating my Contract and arranging a date to commence termination, HR then decided to continue looking for a job for me for a 2 week period. Within that time frame they offered me a new job. I thought "excellent" and arrangements were made for a site visit. I attended and it turned out that I would have been expected to relocate to a job miles and miles away from home which would result in hours of travelling every day. Obviously this wasn't suitable and I declined the offer. I then awaited termination of my contract. HR then advised me that  they would continue to look. Another new job was offered to me and again I went on a site visit. In this job not only was I expected to climb ladders but the noise levels were so bad I couldn't hear a word anyone was saying. Once again I declined and awaited termination. By this point I had started to feel stressed and unwell and the inevitable happened. One MD attack after another. Since being off on sick leave HR have offered me another post but that was 2 weeks ago and I've heard nothing since. I am wondering now are they wanting me to get fed up and resign so they don't have to pay me for terminating my contract under the grounds of ill health. Resigning is one thing I will never do! I'm also wondering if somewhere along the lines they have messed up with how they have treated me and my contract won't be terminated. All I want is a job that I can do that won't impact on my illness. Is that too much to ask!

Offline MissCheeva

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Re: Termination of contract
« Reply #7 on: Jun 04 2019, 06:37 PM »
Hi Gildo,

I'm so sorry that this is taking so long.  At least they are trying to accommodate you whatever their motives.  Is it worth presenting them with an outline of the things you can do and stating things you definitely can't do?  I don't have any HR experience and maybe you have already done this, but if not is it worth a try.

HTH
MissCheeva

Offline milady

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Re: Termination of contract
« Reply #8 on: Jun 04 2019, 07:51 PM »
Climb ladders! Seriously? What part of balance problems don't they understand?

Have you had any help from the staff union or are they as hopeless? Does your GP have any clout? Could you get him/her or your consultant to explain things to HR carefully so that even they can understand just what MD means and how it affects you? Trouble is deafness is invisible and wobbly balance makes people laugh.  >:(

Nil carborundum!

Offline Gildo

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Re: Termination of contract
« Reply #9 on: Jun 04 2019, 09:10 PM »
Ha ha... I really laughed at the CLIMB LADDERS! would you believe HR already knew that climbing ladders is something I can't do because it was highlighted in my Occupational Health report. They know what my limitations are and yet they offered me two jobs that included duties I would be unable to do. This is why i am very suspicious of their intentions. They have messed me around now since September 2017!!

Offline harry

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Re: Termination of contract
« Reply #10 on: Jun 04 2019, 09:17 PM »
Hi Gildo,

I seem to recall responding to a previous post you loaded.

At the time I said that it is very difficult for an HR department to terminate a contract for a disabled person just based on their inability to carry on in an existing role due to their disability. They must investigate your illness, carry out a workplace assessment and demonstrate that they have discussed with you and an independent assessor alternative ways that you can work.

This may mean you have to carry out another role within the organisation.

They are not required to create a new role just to accommodate you. But they must demonstrate that they have tried to find something for you.They are doing this at the moment


The problem seems to be that they have no real understanding of what you are or are not capable of due to your disability. Example :you cannot ask a person who has vertigo attacks to climb ladders. That is unreasonable. Another example is you cannot ask someone who wears a hearing aid to work in a noisy environment. A workplace assessment would identify all that.


You must ensure that you document in writing why you are turning down these job offers. This is to demonstrate at a later date that you are not just simply saying no.


It is not unreasonable to ask someone to travel up to say one hour to get to work. But for someone who has MD that would be seen as not reasonable due to the tiredness associated with the illness. Therefore traveling a long distance home at the end of the day becomes difficult.


They are clearly making an effort and they are also probably trying to build their case.

You must ensure that you too are making the effort to try and either find something yourself (where you work) or at the very least reaearch roles and departments that you could do if and when a job vacancy becomes available, This would give them something to work with.

Also be honest with yourself. There is in reality no perfect job for a person who suffers from MD and deafness. Within the organisation you work for. Therefore look at what you could do and what compromises can you make to help find a new role which would suit you better. This would help to avoid backing them into a corner where they have no choice but to say there is nothing else they can do.


I know this is VERY STRESSFUL and i myself have been down this route !!!!! I was able to secure Ill health early retirement not before they too had offered me roles either miles away or not suitable. They would not create a role for me even though i was already doing it. Because the job title did not exist in the organisation.

Unfortunately MD is a long term and very unpredictable illness. Few people understand it. Including many GP's. We have to accept it for what it is. we can't control it and we must not let it control us. We all fear the next attack and sometimes you just have to accept it for what it is. If that means changing things to make life better then that's what we need to do. I don't know your situation but would life be  better if you didn't work or at least not for he company you work for now. Could you afford to stop working? Could you ush them towards early retirement? It was be the best thing i ever did. I have had MD for over 20 years and spent 14 of those battling it every day whist trying to hold down a strssful job and support my family. Now i am able to have good days and bad days at home and do the best i can each day. We have less money now and my wife has to work more but because my quality of life is better we are all happier at home.












Offline Gildo

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Re: Termination of contract
« Reply #11 on: Jun 05 2019, 12:13 PM »
Hi Harry
Everything you have said is exactly my situation. I have been sent to Occupational Health twice and the 2 doctors I saw highlighted what I can and can't do. I also have suggested to management and HR what I can offer in a job role but to no avail. Yes HR are trying hard to find me something and I appreciate that very much but they aren't taking any heed of the 2 occ health reports. They definitely won't create a post for me even though they did so for an 84 year old work colleague who has ready retired twice and returned to work but that would be hard to prove. I cant apply for jobs within my organisation because they are still considering termination and I can't apply for jobs outside my organisation because If I'm successful and hand in my notice then they won't have to pay me what they owe me had they terminated my contract under the grounds of ill health. Hope I'm making sense. What they owe me isn't even a big amount as it's one weeks wages for every year worked with the organisation and there's a cap on that. In addition to that I worked part time when my children were young so I earned even less at the start of my employment. I just feel as if I'm being messed around. BTW they never once carried out a work place assessment even though it was highlighted in my OH Report as being a requirement.
I don't think I could afford not to work and so I may wait for the termination and pay out and then look for something else

Offline harry

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Re: Termination of contract
« Reply #12 on: Jun 05 2019, 01:51 PM »
Hi Gildo,


It doesn't seem to me that HR are in a position to terminate your contract yet. As they would need to prove that they have carried out all the necessary checks and assessments as well as try to help to in your existing role or help you find another role.

They would need all this evidence for any industrial tribunal. They are however helping you try and find another role.

I assume that you have ensured that you have union support. If anything just to ensure that HR have done their job properly.

I have mentioned before about Ill health early retirement. Which at 51 must be a possibility at least. I would ask HR to apply for this before they consider terination of contract. It would also suit them better if you took IHR it's a lot less hassle for them.

Don't understand why you can't apply for jobs within the organisation. Surely that's the whole point that you apply for and find a different job to avoid ternination of contract and stay there until you can retire. Why are they stopping you from appling for jobs.

Have you made it clear and do you intend to take them to an industrial tribunal if they go ahead and terminate contract? Or do you not want the hassle and will take the money and try and find something else. It'[s easy for us to say do this or do that but it's you that is having to live with this each day and it is a very stressful time for you.










Offline Gildo

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Re: Termination of contract
« Reply #13 on: Jun 05 2019, 02:41 PM »
Hi Harry I cant apply for jobs because I wouldn't be able to work for the organisation now that they have made a decision to terminate. I probably won't go down the route of industrial tribunal as it is hard to prove and i wouldn't want any more stress in my life. I will keep my fingers crossed that HR actually do have a post for me as promised. Thank you to everyone who responded  :)