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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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After working just over 30 day on a recruit contract I took

Customer Question

After working just over 30 day on a recruit contract I took ill. The day I send in my SSP note form two week off and the possibility of surgery I was fired effective 1 Aug. 2016. I was told that this was due to I did not meet their requirements, but feel its because I will need to be off work due to surgery.
I have requested to appeal this but what happens with my pay. Are they still responsible for my SSP? Can they cut me off because of my illness? If so what is my next step as this is my first time involved in SSP.
Regards,
Calvin
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Did they specify their requirements and explain how you did not meet them? Also, did you have a notice period of any kind?

Customer: replied 11 months ago.
I called to ask why as the letter did not state any reason, was told only that I did not meet their requirements. It's easy to see that they don't want to pay someone on SSP so soon with the possibility to be out on surgery. I have checked with my site supervisor and he has no issues with my work!! Just check on contract can't find any information on notice time if they sack me. What about my issues??
Customer: replied 11 months ago.
see no respond!!!!!
Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 11 months 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.

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.

So the main issue here is whether there was a discriminatory reason, such as your illness. However, that would only be relevant if it amounted to a disability. This would depend on certain criteria laid down n law so you will need to meet that for your condition to be legally classified as an illness. Only if you can do so and the reasons for the dismissal were linked to it could you potentially claim discrimination.

This is your basic legal position. I have more detailed advice for you in terms of the law on disability and how to establish if your condition qualifies, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
As this happen the day I turn in my not fit for work note that stated back problems under investigation, and 3 week after I started working for them I said I may need surgery for a tumor in my back I feel they did not want to wait (pay SSP). I will see a surgeon tomorrow about it.
Thanks for the feedback so far, I did request an appeal in writing.
Expert:  Ben Jones replied 11 months ago.

Thank you. As mentioned you would need to show that you suffered from a disability to have protection If you did not have a disability then they could dismiss you even if you had some other condition which was not a disability or because you went off on sick leave.

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.

Customer: replied 11 months ago.
Should of given you a 5 star
Expert:  Ben Jones replied 11 months ago.

thank you and do not worry about it, it is all good, be it 4 or 5

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