Laid off Job, Need advice [Read on]

Neilandrewhall

First before i write anything, If i have put this in the wrong section I'm Sorry, And if so can you please move it?
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Ok, I work/worked for Wimpy Restaurants LTD, and basically i was last in on Thursday just gone, as i was going on holiday from Friday to Today, I ring up today going "Hi, It's Neil, Staff Number ***** can i have my shifts for next week, and they go. "Neil you had an Epiletic Seizure on Thursday we are dismissing you"

Ive got to go take in my work uniform tomorrow to hand back to them,

Any Advice?

Sambucus_Nigra

a - how long have you worked there?
b - did you indeed have a seizure?

Neilandrewhall

A: Ive worked there since the middle of June
B: Yes i did have a seizure, as i am epileptic [which i did inform them about in interview]

marybelle01

Neilandrewhall wrote: »

A: Ive worked there since the middle of June
B: Yes i did have a seizure, as i am epileptic [which i did inform them about in interview]

And not wishing to state the obvious because it sounds horrible and unsympathetic - but it isn't yet the middle of July! You are working in a fast food joint and sorry, but certain sorts of conditions just aren't compatible with you and others being safe. They took you on despite knowing the condition, so they weren't obviously discriminating. Maybe this just isn't the kind of work for you?

ultimatedingbat

They have probably taken you on a probationary period to see how you are and have decided they can't risk it.

heretolearn_2

I don't agree with the other posters that this is just tough luck and not discriminatory.

You appear to have been sacked purely due to being epileptic. As they took you on knowing this, then it doesn't appear that there can be any legal, insurance or other grounds for it being a job that is not suitable for an epileptic (for example most driving jobs are not open until you have not had a seizure for several years). so it could well just be prejudice/fear of what happened, and that could easily be classed as disability discrimination.

the 12/24 month qualifying period for unfair dismissal does not count in matters of disability discrimination. See if you can get them to put your dismissal, with reason, in writing, but in any case take notes of who said what to you when from now on.

Exactly what you do there is going to be relevant to some extent, as well as the type of seizures. But if you are in a role that is unsafe then I think they should have looked at ways of making it safe or if there is another role they can offer you.

Take proper advice on this one.

kingfisherblue

OP, you mighht want to ask the forum team about changing your user name and you should delete the name of the company - many companies have rules about employees posting on websites, and although they may no longer be your employer, if you decide to take this further, it would be wise to remove any identifying details.

I agree with heretolearn - you need to take proper advice.

Neilandrewhall

Basically i was a waiter, and with my epilepsy they would only let me carry the drinks not the food, for obvious reasons! but i warned them before i had the seizure went to a quiet place and wasn't carrying anything..

Im not in no rush to go there and take my stuff back.

Neil

Savvy_Sue

Neilandrewhall wrote: »

Basically i was a waiter, and with my epilepsy they would only let me carry the drinks not the food, for obvious reasons!

That's actually quite counter-intuitive to me: if someone's going to fall over, I'd rather they didn't pour hot coffee over me / themselves / my children. Clearing up burgers and chips is a doddle in comparison!

Neilandrewhall wrote: »

but i warned them before i had the seizure went to a quiet place and wasn't carrying anything..

Do you regularly seize during the day, and if so were they aware of this before you started? And how long were you 'out of it'? Was that 'normal'?

Neilandrewhall wrote: »

Im not in no rush to go there and take my stuff back.

I'm sorry, but you may find they're in no rush to pay for your final shifts if you don't.

KiKi

I agree that if they have sacked you purely because of your epilepsy - which you disclosed prior to working there - then you potentially have a case for unfair dismissal, based on discrimination of your disability.

You need to take proper advice. However, I would send an email / letter (NOT a phone call, you need this evidenced) asking on what basis they have dismissed you.

If you are unfit for the job then they *can* dismiss you - your disability can lead to dismissal through medical capability. However, they should go through several steps properly first, not just dismiss you out of hand.

You need to get proper advice. Do you have home insurance? That often comes with legal cover for employment advice. Otherwise, if you don't have the money to do otherwise, you could go to a no-win no-fee solicitor for advice.

Either way, if they refuse to talk to you, then you can go to an Employment Tribunal. But this is stressful. You have to consider whether or not this is really worth it.

If they do take you back, they can still dismiss you for another reason in the first two years - and if they really want you gone, they will find another reason.

However, I would certainly be challenging them on the basis of why they dismissed you, and getting legal advice immediately before you have any conversation with them.

KiKi

Neilandrewhall

I had a oura five minutes before the seizure happened, and i warned them what was about to happen,

I took the uniform back today and they just said thanks, handed me my cash in hand wages and told me good luck with my future..

Neil