Hello how long have you been working on this job for?
Ok thanks leave it with me please I will reply fully this eve
Many thanks for your patience. The starting point is that if you do not have 2 years continuous service with an employer you are not protected against unfair or constructive dismissals. This means you could be dismissed or forced to resign for more or less any reason, as long as it is not linked to a protected characteristic, such as a disability, age, gender, race, religion, etc. The most likely link here would be your health and it would be relevant if you are deemed to have a disability.
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 you could consider a claim on these grounds.
In terms of the false allegations, that is potential defamation. The issue is that this is not easy to pursue. It is very expensive and complex so realistically it may not be possible. You can of course accuse the employer of making defamatory comments if they are alleging you did something wrong when in fact there is no evidence of it and they have not properly investigated it.
Finally, you may have rights on grounds of negligence if they were to provide an inaccurate reference with the allegations.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to pursue this matter further, 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
Hi, please upload the letter using the paperclip icon, As far as defamation is concerned, whilst this may appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), such claims are extremely difficult to pursue. Many people are intent on suing for defamation without having any appreciation of the law behind them, so I will try and clear things up for you now.
First of all, certain conditions must be met for the statement to be classified as defamatory. These are:
1. The statement has to be untrue.
2. It must directly identify the complainant.
3. It must have been published, usually communicated to at least another person.
4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.
5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant.
Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, you would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect.
There is of course nothing stopping you from contacting the other party and threatening them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement. This could prompt them to reconsider their position, but I would not recommend that you actually proceed with a claim for defamation due to the issues highlighted above.
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Unless you can show that you were discriminated because of a disability, in which case you can contact ACAS to make a discrimination claim, I would not recommend a defamation claim
Sadly I do not see this as being discriminatory in nature to allow a claim
Hello Mary, there would be a better case of disability discrimination rather than maternity discrimination, so as you are likely to have the disability and to have been treated detrimentally because of it, then you can try going own that route. To start the ACAS early conciliation process - the conciliation procedure and the form to fill in can be found here:
You will be surprised as to what employers actually do, I have seen all sorts of appalling behaviour
no problem, no need to rush with this just ensure it i done within 3 months as that is the time limit ...so you still have some time