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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50178
Experience:  Qualified Solicitor
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I was dismissed from my employment due to absence relating

Customer Question

I was dismissed from my employment due to absence relating to my diabetes. I also have depression
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long did you work there for and when were you dismissed?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I worked there for 4 months but I understand I am covered under te equality act as I have diabetes and depression. I am unable to claim for unfair dismissal but can claim for failure to make any adjustments in relating to my health
Customer: replied 1 year ago.
I was dismissed in September 2016, I am currently going through early conciliation with ACAS, however I need some advise on the offer from the respondent and whether I should pursue this matter or accept their offer
Expert:  Ben Jones replied 1 year ago.

What is the offer?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I gave a proposal over £20K
Expert:  Ben Jones replied 1 year ago.

What were the exact reasons for dismissal according to them

Customer: replied 1 year ago.
I have attached the letter
Customer: replied 1 year ago.
Here is my appeal outcome letter
Expert:  Ben Jones replied 1 year ago.

Ok thanks I will reply later this eve

Customer: replied 1 year ago.
Do you want to see the other correspondence up until Friday?
Customer: replied 1 year ago.
Please see communication rec'd from ACAS:Dear *****,
I write further to our earlier telephone conversation and confirm that the Respondent has asked me to convey to you a settlement offer of £3,500. I understand from the Respondent that this is based on a month and a half's loss/future loss of earnings with the rest being for injury to feelings.
I am informed that the reasons for this being less than what you requested as per your schedule of loss is that the Respondent believes that 15 weeks future loss of earnings is unrealistic based on your previous employment history and a review of the current job market in your local area.
The Respondent informs me that they are not looking to pay any money for the difference between the salary that they pay and the salary that you believe she will be able to get. The Respondent also believes that the injury to feelings figure stated on your schedule of loss is to too high.
I look forward to hearing from you once you have had the opportunity to consider the Respondent's offer and to perhaps obtain some further advice.
Kind regards
Acas SEE
Customer: replied 1 year ago.
from ACAS:Dear *****,
I have discussed your settlement proposal of £15,000 with the Respondent who has informed me that they feel as though £15,000 is still too high and that they won't be making another offer.
I am informed that it is the Respondent's position that the injury to feelings amount is still too high and they claim that they have evidence which they feels supports this.
The Respondent informs me that they have also found a number of administrator roles in the Basingstoke area that pay over £20,000 (I understand that your role with the Respondent was in Basingstoke). I have attached a copy of documentation received from the Respondent together with some information which they have provided following a job search in the local area around Andover as well (within the commute that you would have made between Andover and Basingstoke). The Respondent claims that this shows that there are a number of administrative roles available.
Customer: replied 1 year ago.
They also provided this as comparison of roles, however the majority of them are contract roles:Jobs Local to Basingstoke as of 11/11/2016Jobs added within 2 weeks of 02 November 2016 within 30 miles of Andover.Jobs added as of 02 November 2016 (30 miles from Andover)
Jobs added within 2 weeks of 02 November 2016 at a reduced distance of 20 miles from Andover (Basingstoke is 24 miles from Andover.)
Customer: replied 1 year ago.
When can I expect a response this evening? Also is this UK time?Thanks
Expert:  Ben Jones replied 1 year ago.

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

Customer: replied 1 year ago.
Thanks, ***** ***** the fact that due to the treatment received from them it has resulted in an episode of my depression in addition I haven't had a period for nearly 2 months and this is not good as we are trying for a baby.
Customer: replied 1 year ago.
I'm really not happy with your response