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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73890
Experience:  Qualified Solicitor
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Yea, please, Northern Ireland, asked to meet on zoom for

This answer was rated:

Yea, please
JA: Where is this? It matters because laws vary by location.
Customer: Northern Ireland
JA: What steps have been taken so far?
Customer: asked to meet on zoom for performance review during sickness currently on probation.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think it is good.
Customer: replied 8 days ago.
This is the company where my wife is working in Northern Ireland

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 8 days ago.
My wife is unwell and unable to really meet with them as she won’t be able to answer anything and the she will be really very anxious to face them at the moment as she has been out through tremendous work pressure.
Customer: replied 8 days ago.
What should be response to the meeting request? We are trying to avoid termination on the basis of performance review. She has been in the company for only 2 months. Can this be avoided? However, she can put her resignation if needed.
Customer: replied 8 days ago.
Really appreciate your help!

Thank you very much for clarifying. First of all, I am sorry to hear about the issues she has experienced in her situation.

She generally has rather limited rights due to not being there for at least a year, which means she has no unfair dismissal protection. However, she does have protection against discrimination, including on grounds of disability. If she can show that her condition is a disability, she can ask for reasonable adjustments and to either postpone the hearing, or request the employer deals with it in a way which she can currently handle.

The legal definition of a ‘disability’ can have a broad meaning and there is no single list of medical conditions that can qualify. Potentially, any condition or ailment can amount to a disability if it meets the required criteria.

That criteria are contained in The Equality Act 2010, which 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 and examine it in more detail below:

- Physical or mental impairment – this can include practically any medical condition, be it a physical or mental impairment

- Substantial effect – the effect must be more than minor or trivial

- Long-term - 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. shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities)

Please also take a look at this detailed guide on determining if you are disabled:

https://www.citizensadvice.org.uk/work/discrimination-at-work/checking-if-its-discrimination/check-if-youre-disabled-under-the-equality-act/

If a person satisfies the necessary criteria, they will be classified as being disabled in a legal sense and will have automatic protection against discrimination. This 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.

So she should raise this with the employer and make it clear that she expects them to make such reasonable adjustments in relation to the meeting and ideally postpone it until she is well enough to deal with it.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you Ben.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best