Let go after period of illness. (long story)

You should take a case to the Equailty Tribunal on the basis that you were unfairly treated because of a disability i.e. that you were ill and that this is why they dismissed you. As other posters have said they do not have appeared to follow any kind of procedure to show that you were unable to do the work. If you google and look for a case of Kavanagh vs Aviance, you will see that the Tribunal made an award of €125,000 as they found that Mr Kavanagh was dismissed as a result of his disability. I have attached a brief synopsis of the case here.

[broken link removed]
 
The fact that the OP’s injuries and absence were the result of work accidents does change things.
I am very surprised that any employer would not give full pay while an employee is out on a work related injury (and be happy that they are not being sued) as they open themselves up to a claim for loss of earnings due to a work related injury.

On the face of it the employer has behaved disgracefully and very stupidly and has should a disgraceful lack of loyalty to an employee who has given them loyal service.
The OP should get in touch with their union first and have their rep outline (in writing) what they propose and then run this by their own employment solicitor. That’s the best way of gauging the quality of the advice being offered by the union.

If I was the OP I would;
1 Look for redundancy
2 Look for compensation for the two work related injuries, including the loss of earning incurred during their time off and pain and suffering.
3 Investigate if there are grounds for suing them for unfair dismissal.
 
You cannot look for redundancy and take a case for unfair dismissal as they are mutually exclusive. The OP was dismissed because of his persistent injuries rather than a downturn in work. Accordingly a redundancy situation does not arise.
 
Art said:
You cannot look for redundancy and take a case for unfair dismissal as they are mutually exclusive. The OP was dismissed because of his persistent injuries rather than a downturn in work. Accordingly a redundancy situation does not arise.
Click to expand...

Thanks for the clarification.
 
The OP has suffered injury on several occasions which could have long-lasting health implications and come against him in later life.

The OPs dismissal may have resulted partly from his comments about the stairs, which is a health and safety issue and partly from his injuries, all of which seem to be notifiable events.

It is possible that several of the OP's rights have been infringed upon and it is possible that the employer has not fully discharged his duties under the current legislation, particularly in relation to employees rights and health and safety at work.

The OP should consider engaging a solicitor from whom to seek general advice on making a claim[FONT=Times New Roman, serif] under any of the following headings[/FONT] to ensure he knows the pros and cons of the various approaches.

  1. Health and Safety
  2. Unfair Dismissal
  3. Constructive Dismissal
  4. The Common Law Offence of Wrongful Dismissal
When he is generally briefed, the OP should consider taking specific advice on taking a case through the Health, Safety and Welfare at Work Legislation.

NERA legislation concerns [broken link removed] and [broken link removed] and the information on the website is not all-inclusive and again the OP should be briefed.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
I too have been unfairly dissmissed :( My boss had started to be aggressive and intimidated me every day until I got to a stage were I was afraid to carry out any work.
She changed the forms I had prepared online using my log in, making it look like I was not doing my work correctly, I had no say or reasoning with this woman she got her way in the end and I was dissmissed and have been conveniently replaced by her niece who has no experience were I have over 5 years. My life and career is ruined over this woman
 
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