Dismissed - Help!

smileylondongal

I would call ACAS directly so you can speak to a person in the know and can tell them the full story. If you had passed your probation but since haven't met your objectives, this may be what they'll base any dismissal on regardless of whether or not you come back to them re: your condition. And you're right, it may be a way to 'deal' with your condition by managing you out of the company.

Call ACAS and they'll best advise you on your individual position.

Best of luck
x

SarEl

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?

I'm sorry? They were made aware of a "medical condition" for a few months prior to seeking medical help??? You have worked there, what, 7 months? How on earth do you make them aware of a medical condition a few months before seeking medical help? And all in the space of 7 months?

SarEl

smileylondongal wrote: »

I would call ACAS directly so you can speak to a person in the know ....

Ha. And if you find anyone at ACAS who actually gives you the right advice then there will be celebrations across the country. ACAS are not a relibale source of legal advice. As evidenced on this site over and over again.

smileylondongal

Well I'm probably the only person in the country, then, who has found them useful over and over again! I've used them on a number of occasions, and have found them incredibly valuable in knowing what to expect or what potential next steps to take.

Uncertain

smileylondongal wrote: »

Well I'm probably the only person in the country, then, who has found them useful over and over again! I've used them on a number of occasions, and have found them incredibly valuable in knowing what to expect or what potential next steps to take.

You have to remember that you are dealing with a call centre staffed by people with limited qualifications and training.

If you have no knowledge of the subject and the case is fairly straightforward then they can be quite useful.

However, it is no substitute for proper legal advice on your individual circumstances.

Jarndyce

SarEl wrote: »

I'm sorry? They were made aware of a "medical condition" for a few months prior to seeking medical help??? You have worked there, what, 7 months? How on earth do you make them aware of a medical condition a few months before seeking medical help? And all in the space of 7 months?

Bit harsh isn't it? The OP said that "They were made aware that I had had the condition for a few months prior to seeking medical help".

The OP can clarify, but if she had the condition for say 3 or 4 months and made her employer aware of it at that time, and then sought medical help, I don't understand why you're suggesting she couldn't have done that within the 7 months? Sorry if I've misunderstood your point, or something contained in another post which contadicts that.

However the OP would clearly have to demonstrate a link between her dismissal and her apparent disability, or show that she had sought reasonable adjustments on account of her disability which the employer had not made. Or, she would need to show that she had been treated less favourably than a non-disabled person with similar performance issues would have been treated.

Oh, and I'm with SarEl on ACAS. They shouldn't be giving 'legal advice' anyway, only explaining procedures and letting people know if they've got a potentially valid claim, but they certainly shouldn't be advising on merits.

smileylondongal

Uncertain wrote: »

You have to remember that you are dealing with a call centre staffed by people with limited qualifications and training.

If you have no knowledge of the subject and the case is fairly straightforward then they can be quite useful.

However, it is no substitute for proper legal advice on your individual circumstances.

Uncertain, I completely understand your point of view (particularly as you've put it in more reasonable manner!) however it depends on the circumstance - if you're at a loss in a situation, it's a good first port of call and if things do progress of course you should get an employment lawyer on board.

I've found them incredibly useful when, for example, I was faced with redundancy and didn't know what to expect or what steps there were available to me.

Should I have then wanted to claim unfair dismissal, etc, then I would have taken it further with someone face to face.

scheming_gypsy

I'm getting confused..

You're saying that your condition is part of the cause and looking into disability discrimination etc.

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?

but you started by saying...

jettnett wrote: »

I have completed some of the targets set but others are out of my control and could only be achieved if other departments did what they were supposed to.

Now unless the other department's job was to stop your condition getting in the way of working, it seems as though you're clutching at straws to find a way to be discriminated against.

jettnett

Just to clarify.

The goals that were set were unachievable by me or my department as I had no direct control over them.

I also did not have the authority to implement change in order to make said goals become achievable.

I informed them of the above at that time, suggested corrective actions which they never undertook.

Horace

If you are now bringing disability discrimination into the mix - did you ever ask for reasonable adjustments to me be made? If not then you cannot reasonably expect the employer to make them for you. What you should have done was approach Access to Work who would have made arrangements to come in and view your workstation and the work that you do and would have made recommendations to your employer and more importantly would have paid in full (certainly within the first 6 weeks of employment and thereafter would have expected the employer to contribute) as to what reasonable adjustments would need to be made and what type of equipment (if any) to be purchased.

If you are incapable of doing the job then it is fair that you are dismissed on capability grounds - you are not being treated any differently to anyone else in your situation.