Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were the conditions you were suffering likely to last for a prolonged period, specifically over a year?
No, I dont believe so although had the conditions continued then they might well have done.
I am feeling much recovered naw and would have been able to return shortly.
Hi, your rights will very much depend on whether your condition amounts to a disability in law. You see, if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
The only thing you can potentially argue in your case is disability discrimination but you would have to show that your condition met the definition of disability in law. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
So you can only challenge this if you can show that you had a disability as per the definition above. In those circumstances if the dismissal was because of the condition then you can claim unfair dismissal and disability discrimination – you have 3 months from the date of termination to make your claim in the employment tribunal. If you cannot show you had a disability then unfortunately you will not have any protection against the dismissal.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thanks for that.
As I was suffering from stress & anxiety which prevented me from many of the normal day to day interactions with others, particularly related to work, reading emails, answering the phone, groups of people, engaging with anything vaguely stressful, going outside the home and my doctor put me on anti-depressants for the anxiety attacks. This did effectively render me unable to work or function in any normal way.
Would this qualify?
That would only be part of it, you still need to show the long-term factor, that this had either lasted or was likely to last for more than a year - you may not be able to satisfy that unless you get some formal professional opinions from medical practitioners
there is no way its going to last a year, unless the pressure continued of course. Ok, I thought it was a long shot and even though morally disgusting I thought they could probably get away with it even though a lot of people are saying "they cannot get away with that". I am very disappointed that even with the amount of time, praise, promises and awards received from them that they would treat me like this when its a situation caused by them.
I understand and empathise but I obviously have to advise you what the law is and unfortunately you have limited rights in the first 2 years of service so unless you can show disability applied, they can do what they have done
Does this clarify your position?
No, I understand that and its why I'm on this web site. You have indeed clarified the situation for me.
you are welcome, all the best
I dont seem to be able to leave a rating, the page is saying that you have not finished answering???
Hi, the option has been enabled so you should be able to. If you still can't then please just type your selection on here many thanks