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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I started employment with a new Company in February 2014. Probation

Resolved Question:

I started employment with a new Company in February 2014.
Probation period was 3 months.
I was taken ill in April and was off sick for about 8 weeks.
The Company did, however, arrange for me to continue to work from home for 6 of these 8 weeks.
Company informed me that the probation period would be extended by one month.
I returned to work on the 2nd June. On the 16th July, I was told my probation period was to be extended until the end of August - no specific reason given.
Subsequent meeting on the 17th September, I was told my services were no longer required, that I would be paid until the end of the month, then 1 week notice as I was still classed as "on probation".
I appreciate that the rights of an employee are somewhat limited when still in 1st year of employment, but I wondered if I had cause for redress as the processes seemed to be unfair. Can you advise please?
Many thanks. Paul.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello Paul, my name is ***** ***** I am happy to help you today. What was the reason for the sickness absence?

Customer:

Hi Jenny,

Customer:

I injured my back and had to have an operation.

Customer:

Was advised not too drive for 6 weeks, so company arranged for me to work from home.. Returned to work on the 2nd June.

taratill :

Did the injury occur at work and was it long term or was it completely sorted out with the operation?

Customer:

Injury occurred at home - back gave out after 2 or 3 weeks of back pain.

Customer:

I'm still on medication, but the operation greatly improved the problem

taratill :

So would you say, without the effects of medication , it would affect your ability to carry out day to day activities and that it could be long term , lasting at least a year?

Customer:

Yes - without the medication I would still be in pain (though not as bad as prior to the operation - I was incapacitated), and would possibly continue to be painful into the future. I have a medication review with my GP at the end of November.

taratill :

ok but would the degree of pain you would be in affect your mobility and prevent you from carrying out day to day activities ? Sorry to ask such in depth questions but this is really important.

Customer:

That's OK. Without the medication, then yes, it would severely restrict my ability to carry out day to day activities.

taratill :

Ok as you correctly identified with under a year's service you have limited employment rights. However the exception to this is if you can demonstrate that your termination was for a protected reason under the Equality Act 2010. You can argue that your injury amounts to a disability in that a disability for employment law purposes occurs where there is a physical or mental impairment which is long term and has (without the effect of medication) a significant impact on your ability to carry out day to day activities.

taratill :

You should therefore appeal against your dismissal on the basis that you consider yourself to be a disabled employee and that their action runs contrary to the Equality Act.

taratill :

You can also engage in ACAS early concillation prior to bringing a claim.

taratill :

It may well be that they will agree to enter into a settelemnet of some sort to avoid you bringing a claim.

taratill :

http://www.acas.org.uk/earlyconciliation is the link to the ACAS website.

taratill :

If you have any further quesitons please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all theb est.

Customer:

Thank you, ***** ***** appreciate your input. I will make further enquiries with ACAS. Thank you again. All the best. Paul

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