Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
What reason has your employer provided for arranging to collect company belongings?
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.
Many thanks for your patience. First of all you need to check your employment contract to see if it says whether the employer is allowed to do what they are proposing to. There could be a specific clause which says that when someone is off sick they could collect these, for example if someone else may need to use them in your absence.
In the absence of such a clause, taking these items off you could amount to discrimination, if you are suffering from a disability. For this you must be able to satisfy certain criteria and it is not limited to physical conditions only, for example depression can also be a disability if it meets the criteria. So if you are being treated detrimentally because of a disability, that would amount to discrimination by the employer which is unlawful.
Finally, even if you are not classified as being disabled, being treated in this way could amount to a breach of the implied term of trust and confidence which exists in every employment relationship. This could allow you to resign and claim constructive dismissal if necessary, subject to you having at least 2 years continuous service with the employer.
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 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Hi, sorry to hear about that. 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 your best argument here would be to try and show that you are classified as being disabled under employment law (mental conditions can also qualify) and to argue that the reasons for dismissal were as a result of that. You could then consider an automatically unfair dismissal and discrimination claims against them.
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 you are actually 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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:
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:
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 and if you were dismissed because of it – an automatically unfair dismissal. You can appeal directly with the employer first but if that fail you have 3 months from the date of dismissal to claim in the employment tribunal.