Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long did you work there for and when were you dismissed?
What is the offer?
What were the exact reasons for dismissal according to them
Ok thanks I will reply later this eve
Many thanks for your patience. You are indeed correct that you do not require any minimum length of service to be protected against discrimination or any associated dismissal because of a discriminatory reason. So if the employer used your disability as a reason to dismiss and did not make any reasonable adjustments in the process, they could indeed be guilty of discrimination.
In such cases you can consider claiming compensation for injury to feelings and also any losses incurred as a result, such as future loss of earnings.
If a claim for discrimination is made, the usual remedy would be to award compensation for injury to feelings. This is calculated by considering the level of discrimination that the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case with that name. The current compensation levels are as follows:• Lower band - for less serious cases, for example an isolated incident or event (£600 - £6,000)• Middle band - for serious cases which are not serious enough to fall within the highest band (£6,000 - £18,000)• Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£18,000 - £30,000)
You are likely to fall within the lower band and perhaps in the middle to lower end of that so a couple of thousand maybe is realistic. The rest will depend on whether you are realistically going to find a new job soon and how long it may take you. There is an expectation on you to look continuously and be able to show you are doing so o be able to claim future losses.
Whilst £3,500 may be improved slightly, it may be reasonably close to what you may get. Also remember there are risks with making a claim as you will have to pay to issue the claim and if you lose you may be ordered to pay some of their costs, especially if you had pursued a weak claim. Try to improve the current offer a bit but perhaps aim to settle around the £5-6k mark which would be more realistic.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you