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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49851
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have recently been dismissed from my job, though i accept

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i have recently been dismissed from my job, though i accept that there where issues with my behaviour during my time there and is was still in my probationary period. i suffer with GAD generalised anxiety disorder which i informed them of very early on and all the issues stem from this. i was offered support in the form of weekly checkins with a manager but this did not happen. i have recently started EMDR which is a highly emotional therapy designed to deal with extreme traumas, i again informed them of this but no heed was taken. on Tuesday i was called to meeting that i was not informed was a disciplinary and was told my employment was to be terminated i feel strongly had i had a physical impairment i would of been treated very differently which i saw with other colleagues.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How serious is your condition, how does it affect your daily activities?
Customer: replied 2 years ago.

it is very serious at times but is inermitent and is generaly controled by drugs. when bad it leads me to the point of being crippled in bed with physical pain, when it is not so severe it leaves me distracted on edge and with a difficulty in sleeping.

The starting point is that if you have been working somewhere for less than 2 years you are not protected against unfair dismissal. This means the employer could dismiss you for more or less any reason and without following a fair procedure. However, there are certain exceptions to this, most importantly in terms of discrimination which means that if the reasons for dismissal are linked to discrimination then it can potentially be unlawful. The factor most relevant to you would be if you were suffering from a disability – the employer cannot discriminate against you because of your 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. If you were dismissed within the past 3 months then you can still consider making a claim for unfair dismissal and/or disability discrimination in the employment tribunal. If the dismissal was more than 3 months ago then you would be out of time to challenge this. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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