Unfair dismissal ?

Hello_hb

I’ve been working for my employer for 1 year and 5 months. I was given a verbal warning in September because they noticed gaps during my shifts. I begun getting retinal migraines due to long periods of computer use. I informed my manager of this, he said he will order screen protectors to help which wasn’t done. As nothing was done to help I did start taking breaks throughout my shift to allow me to rest my eyes. In my job there is a certain number of calls I have to do daily which I was still doing despite taking breaks.  

After I was given a verbal warning I informed my employer why I was taking the breaks and that no DSE assessment was done and no screen protector was ordered.  He told me that due to them being a small company they haven’t done a DSE assessment and told me I’m able to work from the office if I want however my role is not hybrid and is a fully remote role. Since the verbal warning I purchased my own screen protector and have purchased UV glasses which have helped and I’ve been able to work without having gaps. 

Last week the manager and supervisor invited me to a meeting where I was told I was given notice due to budget cuts and the team not doing as well as the company had hoped. Newsletters published by my employer regarding my specific team mentions how well the team does in regards to bringing in more revenue for the company.  There are seven others in the team who are all part time and some haven’t worked for almost two months or are frequently sick. I’m the only full time employee and my performance is very good in comparison to other staff. 

My manager said they’re not closing the team they’re still keeping some people. They’ve given notice to me and two other staff both of which who rarely work and have taken weeks off work at a time frequently. Yet they are keeping other employees who’s not been there as long as I have and isn’t doing as well. I don’t think it’s anything to do with the budget. The team’s supervisor has been promoted this week to manager. The company refuses to also provide us with work laptops although the manager and supervisor both have one. An we have access to people’s personal information and take card details etc. 

I would appreciate any advice on this situation.

Pondskater

I am sorry to hear this at this time of year. However, though I am sure someone more in the know will be on soon to cofirm or otherwise, I believe when you have less than two years service with a company, they can dismiss you for any reason or non, commiserations.

DullGreyGuy

As you have less than two years service its exceptionally difficult to claim unfair dismissal, whilst your post suggests various things you are unhappy about its unclear why you think its unfair dismissal?

Its also not clear what your final point about laptops is about or  how it is related to your dismissal? If its a totally independent point then... 1) what equipment are you using?  2) What software are you using?  Many companies have people working on their personal computers but use something like Citrix or another virtual machine solution so whilst the data appears on your screen its never actually on your computer but in the server farm that the VPC exists on. 

Marcon

Hello_hb said:

I’ve been working for my employer for 1 year and 5 months. I was given a verbal warning in September because they noticed gaps during my shifts. I begun getting retinal migraines due to long periods of computer use. I informed my manager of this, he said he will order screen protectors to help which wasn’t done. As nothing was done to help I did start taking breaks throughout my shift to allow me to rest my eyes. In my job there is a certain number of calls I have to do daily which I was still doing despite taking breaks.  

After I was given a verbal warning I informed my employer why I was taking the breaks and that no DSE assessment was done and no screen protector was ordered.  He told me that due to them being a small company they haven’t done a DSE assessment and told me I’m able to work from the office if I want however my role is not hybrid and is a fully remote role. Since the verbal warning I purchased my own screen protector and have purchased UV glasses which have helped and I’ve been able to work without having gaps. 

Last week the manager and supervisor invited me to a meeting where I was told I was given notice due to budget cuts and the team not doing as well as the company had hoped. Newsletters published by my employer regarding my specific team mentions how well the team does in regards to bringing in more revenue for the company.  There are seven others in the team who are all part time and some haven’t worked for almost two months or are frequently sick. I’m the only full time employee and my performance is very good in comparison to other staff. 

My manager said they’re not closing the team they’re still keeping some people. They’ve given notice to me and two other staff both of which who rarely work and have taken weeks off work at a time frequently. Yet they are keeping other employees who’s not been there as long as I have and isn’t doing as well. I don’t think it’s anything to do with the budget. The team’s supervisor has been promoted this week to manager. The company refuses to also provide us with work laptops although the manager and supervisor both have one. An we have access to people’s personal information and take card details etc. 

I would appreciate any advice on this situation.

There's a very good, clear explanation here of what might constitute unfair dismissal when you've been employed for under two years: https://www.citizensadvice.org.uk/work/dismissal/check-your-rights-if-youre-dismissed/dismissal/check-if-your-dismissal-is-fair/

Marcon

Pondskater said:

I am sorry to hear this at this time of year. However, though I am sure someone more in the know will be on soon to cofirm or otherwise, I believe when you have less than two years service with a company, they can dismiss you for any reason or non, commiserations.

Not quite right - please see my link above.

Brie

There is no reason a company can give for not ensuring DSE's are done and that appropriate equipment is provided.  Unfortunately lots of managers aren't aware of this and think that if they just ignore an issue it (as in you) will just go away and stop being a "nuisance".  That's the attitude that becomes the basis of a lot of unfair dismissal cases based on disability discrimination.  

You could try to fight this and there's a chance you might win something, but not necessarily keep your job.  And then there's the question of if they relent and continue to employ you.  Will that be a happy place to work?  

I'm not saying you should let them get off freely with this but you'll need to decide what you can do about it.  It may be sufficient to point out to them that they need to give you X amount of notice according to your T&Cs or the staff handbook and that you might be considering involving an unfair dismissal case based on disability discrimination.  I would think that if you do go in that direction you should ensure you have a simple but clearly written letter that you submit and include a deadline (14 days?) for them to respond.  It may get you some ££ or a complete reconsideration.  Either way I would also start looking for a new role as these don't sound like good people to be working with.

Hope you get it sorted one way or the other.

TBagpuss

If you are in a Union, ask them for advice. If not, check whether you have legal cover onyour home  or ither insurance to get some initialadvice.

It can be unfair dismissal if you are dismissed for having a disability or for asserting a legal right , however, it can be hard to prove.  I am not sure whether raising the issue of the DSE assesment would be classed as asserting a legal right or not - ACAS might be able to tell you. 

In your case, it sounds as though you are not the only person being dimissed, which would make it harder to sucessfully argue that the dismissal was becasueof your migraines or having raised the issue of the DSE assesment, if they were making the decison to reduce the size of the team it would be fairly common to dismiss people who have been there under two years, as this doesn't require any redundancy payments or formal consultation.

Exodi

Hello_hb said:
I begun getting retinal migraines due to long periods of computer use. I informed my manager of this, he said he will order screen protectors to help which wasn’t done. As nothing was done to help I did start taking breaks throughout my shift to allow me to rest my eyes.

How often do you experience them? I effectively stare at a monitor for 40 hours a week and experience retinal migraines maybe twice a year; I think most people who experience them have them occur once every few months. Personally, I would consider it excessive to "start taking (daily?) breaks throughout my shift" for these often extremely rare occurences.

Likewise the suggestion of 'I made the required amount of calls so I'm entitled to take these breaks' doesn't sit well with me as an employer - I presume you're not able to meet the minimum required amount of calls and then just go home early? I would take issue with my employees if they finished their task and were just sitting around doing nothing after.

However, I'm not automatically saying it isn't unfair dismissal. To what end would you want to pursue this? Would you want to be re-employed? Or do you expect to struggle to find a new job at the same pay (hence sustaining a future material loss in income - as eventually you would need to provide your heads of loss - objective losses you have incurred).

diystarter7

Hi OP

Sorry to hear about that.

Have you made concise notes and what and when?

Do you, did you belong to a union?

Ring ACAS as they have some really good people there that will give good, honest, unbiased advice and take it from there.

Thanks