Dismissed - Help!

jettnett

So before I went on sick I was unaware of any issues.

Now because I have been on sick for just over 2 weeks I feel this may be a contributing factor.

pmlindyloo

There is an excellent gude here about dismissal. Have a read.

http://www.adviceguide.org.uk/index/your_money/employment/dismissal.htm

SarEl

The three step process (what was actually the statutory disciplinary and grievance procedure) was repealed in (I think - I am getting old and years tend to merge) 2009 and replaced by statutary guidance. And neither apply to dismissals if the person cannot make a tribunal claim for unfair dismissal based on length of service. Which the OP cannot. So if the dismissal was delivered by a tap dancing troupe of elephants in tutu's, there wouldn't be a thing that they could do. What an employer ought to do as good practice and what they must do by law are very different things.

scheming_gypsy

SarEl wrote: »

The three step process (what was actually the statutory disciplinary and grievance procedure) was repealed in (I think - I am getting old and years tend to merge) 2009 and replaced by statutary guidance.

that'll be why i thought it still existed.. Mine was December 2008.

jettnett

Not to throw a spanner in the works but my illness affects day to day living and indeed performance at work.

They were made aware that I had had the condition for a few months prior to seeking medical help, could this be classed as discrimination?

Uncertain

jettnett wrote: »

Not to throw a spanner in the works but my illness affects day to day living and indeed performance at work.

They were made aware that I had had the condition for a few months prior to seeking medical help, could this be classed as discrimination?

Possibly (but don't get your hopes up too much)!

Does your illness amount to a disability in the legal sense of the word?

If it does and you can prove that your employer knew about it (or ought reasonably to have known) AND you can prove that they failed to take account of this AND that REASONABLE adjustments would have allowed you to perform satisfactorily the you MIGHT have a case.

jettnett

Hi and thanks for the replies.

My illness is covered under the DDA so I am unsure what to do now.

starchild1972

If a disabled employee is not performing well in their job, you can consider disciplining or dismissing them in circumstances where you would give the same treatment to another employee

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1084072938&r.l1=1073858787&r.l2=1073877851&r.l3=1084072933&r.s=sc&type=RESOURCES
Is your illness likely to last or have you had the condition for 12 months?
Would there be any REASONABLE adjustments that an employer COULD make to help you? (this does NOT cover lowering targets afaik)

jettnett

Before taking steps to dismiss a disabled employee you should also consider, among other things, factors like whether:

• the employee's poor performance or absence could be caused by ill-health or a disability - an employer should make reasonable enquiries to find out whether the employee's behaviour arises from a disability
• the employee's condition is likely to improve and, if so, how long this will take

Neither of the above were taken into consideration.

Uncertain

Well, on the basis of this it may be worth trying to get some legal advice as you may possibly have a claim. Do you have legal expenses as part of your house insurance?

Regardless of the finer legal points (and I'm sure SarEl will be along shortly!) many firms are very nervous of falling foul of a disability claim and might look towards a settlement.