About to be fired for gross misconduct...need advise

nicechap

I find this easier to understand.

Genuineguy03

@comms

Gov website is exactly the best place for legal advice. Especially when the government itself has been found to have acted unlawfully on various occassions, when taken to court.

Masomnia

The problem with what's been quoted from the gov website is that it states it must be long term ie 12 months, but the definition really is broader than that in that it includes conditions which are likely to last more than 12 months. A one off injury isn't a disability but if it leads to complications which are likely to last last over 12 months and the other things apply then it could count even if it was recent, which I think is what GG was getting at.

Genuineguy03

That's exactly my point masomina. Thank you, my prayers have been answered.

Parking_Eyerate

I’m sure people will correct me if I’m wrong but I don’t think anyone is saying that mental illness can’t fall under the Equality Act. People are saying it can if a person’s particular circumstances meet relevant chriteria. The reason, I think, that people are concerned you might be misleading people Genuineguy03 is that in early posts on threads you do seem to jump very quickly to talking about employer obligations and employee rights under the act and how certain actions would definitely be unfair, but without concurrently pointing out that a finding of disability is by no means certain.

In this thread, for example, the OP certainly mentioned anxiety but that does not mean that health professionals or relevant decision makers would necessarily conclude that the anxiety amounted to a disability. Further, since the disciplinary was to do with being under the influence of alcohol, I think that for the anxiety to be relevant it would need to be determined that it was definitely the anxiety (and potentially only the anxiety) that led to the drinking. From what the OP said I don’t think there are grounds for assuming that is the case and I personally think it is definitely something that would need professional assessment.

I do think you are well-intentioned Genuineguy03, I just think situations involve more grey areas than sometimes comes across in your posts.

Genuineguy03

Parking eyerate.

I certainly understand where your saying. But others have been dismissing peoples legal position (or chances) in their early posts in threads.

I like to post advice based on there circumstances (that an op has provided) of the employee and law may or may not been on the employees side. Off that doesn't mean that should more information into an OPs circumstances or situation becomes available, that my advice will remain unchanged. There been plenty off times when someone's provided new information that has turned things from being in the employees favour to not in their favour.

That's why I also like to ask questions like I did in this thread before I give advice. However my hint that if the circumstances were different wed have been able to help, was pounced upon. Despite me saying based on the ops answers to my questions that there was nothing that could be done.

Clarifies my approach to everyone.

Genuineguy03

Sorry "hope this clarifies my approach to everyone"

ds383

The drinking was a result of my anxiety. My anxiety is the main issue, alcohol is a kind of medicine to me.

ds383

Genuineguy03 wrote: »

Parking eyerate.

I certainly understand where your saying. But others have been dismissing peoples legal position (or chances) in their early posts in threads.

I like to post advice based on there circumstances (that an op has provided) of the employee and law may or may not been on the employees side. Off that doesn't mean that should more information into an OPs circumstances or situation becomes available, that my advice will remain unchanged. There been plenty off times when someone's provided new information that has turned things from being in the employees favour to not in their favour.

That's why I also like to ask questions like I did in this thread before I give advice. However my hint that if the circumstances were different wed have been able to help, was pounced upon. Despite me saying based on the ops answers to my questions that there was nothing that could be done.

Clarifies my approach to everyone.

My drinking is a result of my anxiety, I drink to function not because I enjoy it. You wouldn't be able to tell I was drunk after even having 10 or 11 shots. The reason I got into the state I did was due to the reaction of the meds with the alcohol. I should have got signed off awhile ago instead of pretending it wasn't an issue. I'd still have my job. I feel it was a tad unfair to dismiss me when I am ill but I don't blame them. They're a business (a very big well known one) and care only about money.

Genuineguy03

Ds383

Exactly, your drinking is a consequence of your Anxiety. Hence why, if circumstances had be different . I.e no previous warnings for drinking instances, the outcome would likely have been just a warning or a final warning.

Important thing now is to get better. Yes it will take time, but with support of your family, friends as and medical professional, you will get better.