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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47404
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am currently on sick from my lunchtime supervised job I have

Customer Question

I am currently on sick from my lunchtime supervised job I have had a letter to a disciplinary hearing as apparently I have been 'caught' with the doors closed to the first aid room whilst treating injured children (obviously a safeguarding and child protection matter) I did not do any such thing and this is a defamation of my character I think they are trying to find something to get rid of me for being on the sick as they know I have underlying health conditions but I'm not being accused of things I haven't done what shall I do
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there?
Customer: replied 1 year ago.
Since 2 nd September this year
Customer: replied 1 year ago.
Hi ben
Expert:  Ben Jones replied 1 year ago.
Can you please provide more details of your health conditions? Also please note I am mobile today so may not be able to respond immediately thanks
Customer: replied 1 year ago.
I have epilepsy diabetes and a frozen shoulder in both arms.
Customer: replied 1 year ago.
My sick note has depression and frozen shoulder though.
Customer: replied 1 year ago.
Hi some advise I would be grateful of having spent 18 for this service if your mobile today is there somebody else who can help me please, thanks
Customer: replied 1 year ago.
??
Expert:  Ben Jones replied 1 year ago.
Sorry there is no one else around specialising in employment as it is Sunday so there will be a reduced service. Anyhow, I am back now so can assist. Do you actually think your conditions have anything to do with the employer's decision to discipline?
Customer: replied 1 year ago.
I think that they may have the fact that the school does not like people having time off at all yes
Expert:  Ben Jones replied 1 year ago.
But do you have any evidence to support that?
Customer: replied 1 year ago.
No just verbal
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. So you have to see if your conditions amount to a disability and if needed claim that they were responsible for the employer’s decision to dismiss. With only verbal evidence it could be your word against theirs but a tribunal could still decide in your favour. This is your basic legal position. I have more detailed advice for you in terms of the specific elements you need to show to be able to argue that you are disabled, 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, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. 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. What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:making adjustments to work premises;allocating some of the employee’s duties to others;transferring the employee to fill an existing suitable vacancy;altering the employee’s hours of work;allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;acquiring or modifying specialist equipment;providing supervision or other support. 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. So if you were dismissed based on a disability it could make the dismissal unfair, regardless of your length of service.
Customer: replied 1 year ago.
I get what you are saying which is why they are trying to say I have done something I haven't because they know they can't sack me for being off sick can they! So basically they can do what they like with regards ***** ***** my name then and because its to do with child safeguarding and protection I would never get a job in another school.
Expert:  Ben Jones replied 1 year ago.
well it depends on how they do it. So if they provide a false reference you can challenge it if it is based on untrue information and you can ask them to provide evidence to back it up, otherwise it would amount to negligence on their part.
Customer: replied 1 year ago.
So they want me to go to this disciplinary hearing they have these allegations of which are untrue how do I go about asking them for evidence for backing up there allegations ? To basically clear my name
Expert:  Ben Jones replied 1 year ago.
You are entitled to receive any evidence that will be used at the disciplinary in advance of the hearing so you can request that they supply you with that in good time beforehand
Customer: replied 1 year ago.
OK thank you
Expert:  Ben Jones replied 1 year ago.
you are welcome