Dismissed - Help!

suicidebob

SarEl wrote: »

(a) Everyone says that the goals they achieved were theirs and the ones they didn't were someone elses fault. Not that it matters - on this argument you have no claim at all - 7 months, no rights to speak of.

Yep. I had exactly that mindset when I quit a job a few months ago. I took credit for the good things, blamed everyone else for the bad things.

SarEl

jettnett wrote: »

After I took the job and no to the questionnaire.

"Blood" and "stone" come to mind

Can you please tell us what the alleged disability is, when you told the employer you had it, when you were diagnosed, and why you think it is a disability - and anything else relevant you can think of.

Uncertain

jettnett wrote: »

They have dismissed me as far as I can see due to my illness being a long term issue so decided to play the performance card so to speak due to my length of service.

In the case of discrimination you don't need any minimum length of service to qualify for protection.

If there was no discrimination then you are well short of the year needed for "ordinary" unfair dismissal protection.

zzzLazyDaisy

jettnett wrote: »

Sorry to go off on one, its a bit frustrating.

The goals that were set that were achievable I achieved, the ones I did not were non achievable.

They have dismissed me as far as I can see due to my illness being a long term issue so decided to play the performance card so to speak due to my length of service.

Your problems are:

1 You do not have enough service to claim unfair dismissal
2 You do not need a minimum length of service to make a DD claim, but you are going to have great difficulty showing that your illness meets the criteria laid down by the HA, bearing in mind that you have only recently sought medical advice so it is probably far too soon to know whether you come within the protections of the Act
3 Even if you do meet the criteria under the Act, for the reasons given above, it is probably unlikely that an employer would be deemed to know that you had a disability
4 You admit yourself that you failed to meet the targets, which probably means the employer can show they had grounds to dismiss you which were not connected with your mental health condition (the fact that in your view those targets were unachievable doesn't really help you, since it would be almost impossible for you to satisfy a tribunal of this)

To be honest, on the information you have provided so far, I would say that your prospects of success in a disability discrimination claim would be poor.

But if you really feel you have a case, you need to see an adviser face to face and give them all the facts. In my view you have probably got as far as you are likely to get on an internet forum.

jettnett

Maybe it is the way I explained it so I will try to tie up the confusion.

I had a meeting 3 weeks ago with my employer when I was diagnosed.

At the meeting they asked how long it had been going on to which I replied a few months but didn't want to admit it and tried to shrug off.

They were made fully aware of my condition and one of the attendees expressed a knowledge of said condition due to its nature.

They also expressed how it can be a very long term issue due to experience of it which is why I feel they have done it for this purpose.

If they were aware of it, and played the performance card due to not wanting the hassle, do I have any comeback.

Uncertain

jettnett wrote: »

If they were aware of it, and played the performance card due to not wanting the hassle, do I have any comeback.

Yes, in theory. However, don't underestimate how hard this may be to prove if they decided to fight.

They may not, they may look to settle or they may fight it all the way.

Emmzi

you talk about "playing the performance card"

All they have to do is make "reasonable adjustments." If you didn't ask for any, they don't have to make any.

And by the way "making the targets easier" is not a reasonable adjustment.

I am disabled myself and loathe people who try to "play the disability card." They make it so much tougher for the rest of us who want to turn up and do a good job and make cut backs in our social life and other aspects to ensure we always perform at work.

You weren't hitting the targets. So maybe this is not the job for you.

jettnett

Emmzi wrote: »

you talk about "playing the performance card"

All they have to do is make "reasonable adjustments." If you didn't ask for any, they don't have to make any.

And by the way "making the targets easier" is not a reasonable adjustment.

I am disabled myself and loathe people who try to "play the disability card." They make it so much tougher for the rest of us who want to turn up and do a good job and make cut backs in our social life and other aspects to ensure we always perform at work.

You weren't hitting the targets. So maybe this is not the job for you.

Please climb down off of that high horse.

They were made aware I had a medical condition (fact), knew it would affect my work (fact), chose to ignore this when they supposedly dismissed due to poor performance.

I have a recognized medical condition which has not been taken into account so why should I not want some recompense?

If you was dismissed for something you had no discussion about or was given the opportunity to put right, I am sure you would take a different stance.

Thanks for the comment though, very constructive.

suicidebob

jettnett wrote: »

I have a recognized medical condition which has not been taken into account so why should I not want some recompense?

And you have ignored previous requests to share what this condition is.

And you said earlier that targets you failed to meet were the fault of other departments, not you.

jettnett

suicidebob wrote: »

And you have ignored previous requests to share what this condition is.

I don't have to go into specifics of my condition which I am sure you would not.

It is covered in the DDA which is all I think people need to know in order to offer advice.



I would like to thank all who contributed to this thread. I will speak to the CAB tomorrow and take it from there.