Hello, my name is ***** ***** it is my pleasure to assist you with your question today. an you tell me how long you have been with your employer please
I started with this employer July 2nd 2012. Previous to that a company also in the print industry for 15 years.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded. I have to attend a meting and will be of line for a few hours I will get my advice ready for you for later this evening regards ben
Many thanks for your patience. Generally, employees with less than 2 years’ service are not protected against unfair dismissal, which means they could be dismissed for more or less any reason by their employer. However, there are certain exceptions that could make a dismissal automatically unfair, even if the required service is not in place.
The relevant factor in your case would be potential disability discrimination. It means that if you are classified to be disabled in law and the employer dismissed you because of the disability, the dismissal would be automatically unfair and you can bypass the 2 year service requirement and claim against them. In addition you can also claim for disability discrimination.
Therefore, the main issue is to determine whether you are classified as being disabled. 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.
If someone who is disabled was being treated unfavourably because of their disability, for example dismissed as in your case, or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination and unfair dismissal if it led to termination. You can appeal directly with the employer and raise these issues with them, hoping they reconsider their position, but if they refuse and the dismissal stands, all you can do then is consider making a claim in the employment tribunal.
Hope this clarifies your position?
Thank you for your advice that was very helpful. But I also would like to know if my employer is correct in that he has, as per regulations with my dismissal given 1 weeks pay plus any holiday accrued to date. I am paid on a monthly basis, should he have given or offered more.