Unfairly dismissed?

TBagpuss

Warmhands - sticlty speaking you can be dismissed for *no* reason -

In your case, it sounds as though either your employee was there for over the 2 years (or 1 year before the rules changed) or that the cautious advice was due to the fact that the specific cirumstances mean that there was a potential issue of your employee claiming discrimination on the basis of disability.

Given that discrimination claims have no upper limit on damages, employers tend to be very cautious about risking them.

Of course, it is good practice for employers to have, and to follow, fair procedures even for staff who are not protected, but it is not a legal requirement.

I suspect that your experience was very specific to its own facts, and not representative of the usual position.

BJV

tomtontom wrote: »

You need to sack your employment law advisers. You've posted numerous times about all these hoops you apparently need to jump through, they must be costing (wasting) you a fortune!

I own a small company and we always get legal advice. In this scenario you where spot on as the last thing that you would of wanted is for someone to claim because of a disability.


OP I am so sorry for you. Most importantly I hope your hubby is ok. I am not a HR person and as I said any issues we have with our staff and thankfully they are few and far between we always get legal advice. But that aside they where right his health is more important and I really hope he is on the road to recovery.

BobQ

warmhands.coldheart wrote: »

Why do people think this?? You cannot be dismissed for "any reason" (exceptions you've listed aside)
There has to be a sound business, performance or other such reason...... and this has to be fully and properly explained and "good practice" should be followed throughout the process be it notice periods as per contracts, meetings, right to appeal, etc.etc.etc.

As others have said you do not have a clue. The firm know the law and unless the situation is one of those that are automatically unfair in law to dismiss, the employee is very unlikely to have a case.

They appear to have taken the view that OP's husband is and is unlikely to be capable of doing the job on health grounds. But they do not have to give a reason within 2 years. Provided they have complied with his contract of employment and given proper notice or pay in lieu of notice there is nothing he can do.

This law was changed by the coalition in 2012, had it happened before then he would have been in a much better position.