Disability Discrimination?

Undervalued

Masomnia wrote: »

Wrongful dismissal?



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.

Leaving aside the (slim?) possibility of a disability angle, the very most a wrongful dismissal claim would yield is a few days pay to compensate for however long it would have taken them to do it properly. The company would still have been entitled to dismiss for no reason at all.

Regarding the disability (if indeed there is one). Was the company formally informed of the claimed disability or was it so severe a lay person could reasonably have been expected to be aware? If so, then as you say, the company should have offered to consider reasonable adjustments, but that doesn't stop the OP from requesting them.

Masomnia

Tigsteroonie wrote: »

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

If they're not reasonable the employer doesn't have to make them!

Masomnia

Undervalued wrote: »

Leaving aside the (slim?) possibility of a disability angle, the very most a wrongful dismissal claim would yield is a few days pay to compensate for however long it would have taken them to do it properly. The company would still have been entitled to dismiss for no reason at all.

She stated that they didn't give her notice, so it's at least 1 week's pay she is due if not paid. It was more in response to Comms point that there is no evidence that they did anything unlawful.

Regarding the disability (if indeed there is one). Was the company formally informed of the claimed disability or was it so severe a lay person could reasonably have been expected to be aware. If so, then as you say, the company should have offered to consider reasonable adjustments, but that doesn't stop the OP from requesting them.

Agreed.

ETA actually I don't totally agree. It really depends on the facts, but I think you're right it could well hinge on whether they knew OP had anxiety or reasonably could have known. And if they did, what investigation did they do into the condition and what the impact on their work it might have?

Undervalued

Masomnia wrote: »

She stated that they didn't give her notice, so it's at least 1 week's pay she is due if not paid. It was more in response to Comms point that there is no evidence that they did anything unlawful.

I agree, based on what we are told it is hard to see it could be classed as gross misconduct.

Comms did say......

As long as you're paid for the week that is all that you must have

(it was one of the red responses inserted in the original OP quote)

Masomnia

Undervalued wrote: »

I agree, based on what we are told it is hard to see it could be classed as gross misconduct.

Comms did say......



(it was one of the red responses inserted in the original OP quote)

In the absence of a contract we don't know that that is all the OP is entitled to, and it's not at all clear that anything was paid.

Undervalued

Masomnia wrote: »

In the absence of a contract we don't know that that is all the OP is entitled to

The OP strongly implies that was the entitlement when she said....

I was not given a weeks notice which is by law, what they should have done

But yes, in the unlikely event her contract says "three months notice" then she is entitled to that, but somehow I rather suspect she would have put that in her OP.

jobbingmusician

OP, I have various points to make, and questions to ask.

1. Have your employers confirmed in writing why they dismissed you?


2. Do they have a disciplinary policy?


3. If so, does your contract make any reference to the DP not applying in your first 2 years of employment?


4. If the answers to the first 3 questions are 'yes, yes and no', you may have a case, and it would be worth you seeing a solicitor.


5. Have you appealed against your dismissal? (An ideal DP should include an appeals process).


6. Have you calculated whether they owe you any holiday, in addition to your week's notice?


7. And by no means least - have you read the forum rules? Personal abuse is NOT allowed.....

Les79

DaisySteiner80 wrote:

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.

DaisySteiner80 wrote:

after consistently being top performer

DaisySteiner80 wrote: »

I don't agree that this would be difficult to prove as the 1 week of me so called 'dip' was due to my mental health, therefore them firing me for this is a complete act of discrimination.

I have bolded the important bits, and underlined the even more important bits..


But to recap:


- You are consistently a top performer
- You had a 1 week dip due to your mental health (disability)
- You state that you have had a mental health issue for longer than 12 months and it has affected your day to day life throughout that period, thus it is a disability.


I find that very incongruent....


I cannot really comment any further because it is out of my remit, but I wish you all the best in getting it resolved. Try speaking to places like:


- ACAS
- CAB
- Solicitor


if you would like to potentially take it further.

tazwhoever

I have no knowledge of employment law, but OP was sacked due to disability. It's a stupid law changing from 1 to 2 years!

Yes, probation is fine upto 6 months to see new employee working. All of HR offered me a job but someone ? stopped my job of disability.

The employers wouldn't put that on paper!

Masomnia

tazwhoever wrote: »

I have no knowledge of employment law, but OP was sacked due to disability. It's a stupid law changing from 1 to 2 years!

Yes, probation is fine upto 6 months to see new employee working. All of HR offered me a job but someone ? stopped my job of disability.

2 year rule doesn't apply for a claim relating to a disability, amongst many other reasons.