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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48795
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I had a contract hrs, i was still on a probationary

Resolved Question:

i had a contract for 28 hrs, i was still on a probationary period. I had 4 sick days self certified and one week cerified by the doctor over a six month period, totalling 11 abcences. I suffer from severe anxiety and I am also in the process of being diagnosed with some sort of fatique syndrome. Last week I was advised by my dr to take 1 month off due to the medication I was taking. I was called into work that morning for an interview. I was fired there and then and the reason given was my attendance. Is there anyway to fight this?? thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you give me the nature of your employment plesae.
Customer: replied 2 years ago.

pharmacy assistant

Expert:  Ben Jones replied 2 years ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Customer: replied 2 years ago.

Thank you Mr Jones, I will look forward to receiving your response.

Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. The starting point is that 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.
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:
• Physical or mental impairment – this can include nearly any medical condition;
• Substantial effect – the effect must be more than minor or trivial;
• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
• Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)
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.
If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).
If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.
If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you
Customer: replied 2 years ago.

Thank you for your response. I believe, the only logical question is, If I am not already registered disabled by a GP, does this mean I have no legal standing at this point. (with regards ***** ***** information above). Personally I feel that the manner in which my late employer has dealt with my illness has definitely been discriminating and I would like to achieve some compensation for now being made unemployed without any notice and also the effect it has had on me personally as it has worsened my illness. Do you think there is grounds to take this further. Thank you

Expert:  Ben Jones replied 2 years ago.
Being disabled in law does not mean you have to be registered as disabled anywhere. You do not have to be registered disabled, a disabled badge, etc – it depends on whether you meet the criteria I mentioned above. So you will have to see whether you can show that you meet the criteria on disability (the bullet points above) and that is what would define whether you are disabled and if it is worth taking this further.
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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