Disability Discrimination?

Comms69

DaisySteiner80 wrote: »

Hello

I have worked there for just over a year. If you have a long term mental illness that lasts longer than 12 months and can affected your day to day activities then it falls under the Equality Act 2010. - Please, please don't assume that because something 'can' be classed as a disability, that it 'will' be.

There have never been clear, precise text on what our KPI's are, just that a report gets run every month and i have always come out top by over half. - top of what, sales?

I was shouted at and called stupid by a fellow colleague as I didn't understand a technical question. - Hardly a crime. At best it warrants an apology.

No, this incident happened on the Monday and for that 1 week only my performance 'dipped' We broke up for the Christmas break and on my next 121 i was fired on the spot.

Sorry there is nothing to suggest that this in any way related to your (perceived) disability.

DaisySteiner80

I have already been diagnosed by various health professionals but yeah.....you clearly know more.....

KatrinaWaves

It is going to be very difficult to prove that you were sacked because of being disabled and not because your performance wasnt to standard.

Your version of events if one version, but the witnesses appear to see it as something you also contributed to. Are you saying you said 'I dont understand what this means, can you help' and they immediately started shouting and calling you stupid?

I can only imagine there is more to this story. A company would be very short sighted to fire an employee performing at 150% of their peers over one bad week.

nicechap

DaisySteiner80 wrote: »

Hello

I have worked there for just over a year. If you have a long term mental illness that lasts longer than 12 months and can affected your day to day activities then it falls under the Equality Act 2010.

There have never been clear, precise text on what our KPI's are, just that a report gets run every month and i have always come out top by over half.

I was shouted at and called stupid by a fellow colleague as I didn't understand a technical question.

No, this incident happened on the Monday and for that 1 week only my performance 'dipped' We broke up for the Christmas break and on my next 121 i was fired on the spot.

As others have said, your were there for less than 2 years and can be easily dismissed.

Did the dismissal notice say we're sacking you for your anxiety or mental health?

If not, how will you prove it?

Just because others have lower performance than you, there isn't an obligation on the employer to dismiss them before you. Smooth team working can be more important than an individual's performance, and if the 'technical' question called into question your ability to do the job, you may have misunderstood why they were so unhappy with you.

For the benefit of others, this thread's core argument seems awfully familiar ground to the one where Sangie got PPR'd.

Undervalued

DaisySteiner80 wrote: »

Comms69 your complete and utter ignorance is astounding to say the least. Please do some research before you write such utter nonsense.


GOV.UK
Search
Home Disabled people Disability rights
When a mental health condition becomes a disability
A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010.

Your condition is ‘long term’ if it lasts, or is likely to last, 12 months.

‘Normal day-to-day activity’ is defined as something you do regularly in a normal day. This includes things like using a computer, working set times or interacting with people.

Go educate yourself you utter tool.

If that is an example of how you interact with your colleagues in the real world then I am not surprised you were sacked!

Anyway, whilst what you quote about the Equality Act is correct, up to a point, you would need to have made your employer aware of your condition (did you?) or it would have needed to be so severe that they (presumably being unqualified in the medical field) should reasonably have been aware.

You would then have been entitled to request "reasonable adjustments" to help you continue in your job (did you?).

In no way is it a "get out of jail free" card.

I suggest you take legal advice as I somehow doubt you are going to listen to anybody here!

KatrinaWaves

nicechap wrote: »

For the benefit of others, this thread's core argument seems awfully familiar ground to the one where Sangie got PPR'd.

Good point well made...

nicechap

DaisySteiner80 wrote: »

Comms69 your complete and utter ignorance is astounding to say the least. Please do some research before you write such utter nonsense.


GOV.UK
Search
Home Disabled people Disability rights
When a mental health condition becomes a disability
A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010.

Your condition is ‘long term’ if it lasts, or is likely to last, 12 months.

‘Normal day-to-day activity’ is defined as something you do regularly in a normal day. This includes things like using a computer, working set times or interacting with people.

Go educate yourself you utter tool.

I'm puzzled, as you believe you know the law, why are you asking strangers on the internet for advice?

I'm out.

Comms69

DaisySteiner80 wrote: »

Comms69 your complete and utter ignorance is astounding to say the least. Please do some research before you write such utter nonsense.


GOV.UK
Search
Home Disabled people Disability rights
When a mental health condition becomes a disability
A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010.

Your condition is ‘long term’ if it lasts, or is likely to last, 12 months.

‘Normal day-to-day activity’ is defined as something you do regularly in a normal day. This includes things like using a computer, working set times or interacting with people.

Go educate yourself you utter tool.

Attention to detail is obviously not one of your skills.


Mental health conditions can be and are disabilities.


'Mental Health' - which is neither a condition nor a disability - is a terrible descriptor.


That description is very, very basic. Which is why .gov pages should be used as a basic description, NOT a definitive description.

Masomnia

KatrinaWaves wrote: »

I feel it would be difficult to prove that this was solely down to your anxiety (which may not be classed as a disability, depending on a few factors) instead of the fact you did perform poorly.

That is not the legal test.

Comms69 wrote: »

There is NO evidence they have breached the law.

Wrongful dismissal?

Undervalued wrote: »

You would then have been entitled to request "reasonable adjustments" to help you continue in your job (did you?).

I think that's right, to a point (:D) You said she has the right to request reasonable adjustments, but that's not what the law says. The law says that the employer has a duty to make reasonable adjustments; the onus is on them, not the employee. The rest yes I agree with.



OP if you claimed at tribunal that you were discriminated against in being dismissed and won you could be looking at a £10k+ win. I'm not going to offer an opinion on whether you would win or not because of the complexity and the sums involved and I don't think anyone else on this forum should either.

I think it's worth getting legal advice on this one, not one for randomers on the internet.

Tigsteroonie

Ah, but what is a 'reasonable' adjustment? Some adjustments may not be considered reasonable. It's a subjective term.