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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46761
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just been terminated from my place of work what are

Customer Question

I have just been terminated from my place of work what are my rights
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
In may of this year
Customer: replied 1 year ago.
This was a new job I had attended training , then I was given a shift which I did .
In the mean time I had received a letter of appointment from hospital to go to see surgeon at hospital .
I had waited nearly seven long years for this to be done.
I had a bit of a problem with the line manager at first refusing after 4hours of work I was going for a break , she tried to refuse me.
I had my surgery done to my shoulder when then I put in sick notes to my place of work , three months later I had the clear from surgeon to go back to work.
With the help of my doctor I was told that as there was lifting involved in my job , the doctor had mentioned no more than 20kilos , my manager said 23 kilos.
Customer: replied 1 year ago.
This became a problem with line manager from my work place .
Anyway on the 1st September I was sent a email from line manager saying she had some shifts for me. I was happy to go back to work .This shift was for the 23 rd September and Sunday the 4th October .
Expert:  Ben Jones replied 1 year ago.
So what was the actual reason for your dismissal?
Customer: replied 1 year ago.
Then on the 14 the October I received a letter from HR to say they had to discuss with me some concerns that was raised again from line manager and client .
This was again about my conduct and general performance at work , when I asked about evidence they was not given to me .
I think it was because of a email I had sent to the client concerning the above .
Customer: replied 1 year ago.
The company I work for sent me another letter for the outcome and saying that if I have any queries regarding the meeting on the 20th I must contact them directly and if I wanted to appeal against the decision I must do within 5working days of receiving letter
Customer: replied 1 year ago.
I think the way I have been treated is wrong , knowing that the company knew about my surgery shoulder and dismissing me on what grounds
Customer: replied 1 year ago.
The following reasons
Clients expectations were not met in line with required cleaning standards
Issues with regards ***** ***** hours
General conduct : client reported complaints were raised whilst on duty
Customer: replied 1 year ago.
Have you come to a decision on what I should do PLEASE
Customer: replied 1 year ago.
But nothing was said to me whilst on duty , as I did speak to the client and she asked me on how I was feeling, I had told her much better since my surgery
Expert:  Ben Jones replied 1 year ago.
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.
You say that you had medical issues and those were the reasons for dismissal. This would only be relevant if your condition amounted to a disability. If it did not then you will not have the protection you need to challenge the dismissal.
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. So only if you can show you were disabled and that the reason for the dismissal was due to the disability can you challenge the dismissal.
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 trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46761
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ben , my employer knew I had a previous long term disability as I told them prior to this .
It was said that I should not be working
Customer: replied 1 year ago.
This was a long term disability to my right arm after a car accident back in 2004
Customer: replied 1 year ago.
The client said I should not be working , is it not my own rights to work with a disability
Customer: replied 1 year ago.
This I think around everything they knew about me as a client , she said I should not be working
Customer: replied 1 year ago.
If that's the kinda excuse to give about my performance at work this is not fair
Customer: replied 1 year ago.
Well then I have been discriminated
Customer: replied 1 year ago.
I was having physio each month until the physiotherapist referred me back to surgeon my appointment with him was Friday gone at Homerton Hospital where he told me that it's my biceps , and was advised from him to have a steroid injection .
On leaving that department I was again by a nurse to get a myself a bottle of Arnica Oil which is symptomatic relief of muscular and rheumatic pain .
Being using that since
Expert:  Ben Jones replied 1 year ago.
Ok please leave these with me I will reply fully later today as I am not online all day today. But there is no need to post again as each time it sends the question to the back of the queue thanks
Expert:  Ben Jones replied 1 year ago.
Hi, well first of all you need to ensure that you meet the definition of a disabilot in law as mentioned in my original response. That is what determines if you have a disability or not. If you do, then being dismissed or treated detrimentally because of it can amount to an unfair dismissal or disability discrimination. Now that you have been dismissed you only have two options - one is to appeal directly to the employer and ask them to overturn the dismissal and reinstate you, treating you fairly in the future. If the appeal fails or is refused then you can only consider making a claim in the employment tribunal for unfair dismissal and/or disability discrimination. You only have 3 months from the date of dismissal to claim so do not delay it.
Customer: replied 1 year ago.
Hi Ben .
First of all thanks for getting back to me regarding my problems with my workplace .
I have sent them a letter to say I wish to take to appeal .
Hopefully they will accept this and we can get on with dealing with this issue .
All what you have said to me sounds perfect .
Thank you .
Customer: replied 1 year ago.
I will be back in contact with you if I need you after this appeal .In the meantime I have everything I need . Thank you
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best for now
Customer: replied 1 year ago.
Hi Ben
I had to cancel my appeal meeting due to me having the flu and chest infection.
I had asked for another date which should be today at 11.30.
I was asked by HR if I would be bringing someone with me , yes I replied they asked who ,a friend they said she can ,come but can't come in the meeting .
So I have had to cancel this again until I can find some kind of independent help who will be able to assist me in this case.
As I can be a bit fiesty I think this would help me in my circumstances with this employer.
I feel that they want me to give in I am not .
I have sent a email back to the company to request longer time due to circumstances.
As I really feel like I have been discriminated .
Expert:  Ben Jones replied 1 year ago.
Hi I have replied on the new thread you posted

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