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Discrimination Dismissal

danielleldaniellel Member Posts: 4 Listener
edited August 2020 in Employment and careers
Hi im new to the community. 

I feel so depressed, because of my situation. I suffer from Anixtey and Depression and have a specific learning disability such as Dyslexia. I was employed by a company and within 7 weeks was sacked and dismissed due to poor performance. I disclose my disability to the employer at the start of employment outlining the reasonable adjustments which was needed to fulfil the job role. The Reasonable adjustments we're never in place and I advised my Manager of this verbally.

I have appealed to the company because I feel they have discriminated me at the start of employment for not setting out the reasonable adjustment and not carrying out a work assmement to help me within the role.

The company have admitted to not informing my line manager of my disability even though I had told my Manager of my disabilities and he denied me the reasonable adjustments verbally. 

They have denied the fact of discrimination and rejected my appeal letter. I want to take the Company further to the tribunal but I was told there may be a 50 per cent chance that they could get away with discriminating me. Should I seek legal action.

Replies

  • Tori_ScopeTori_Scope Community Team Posts: 3,210 Disability Gamechanger
    Hi @daniellel. Welcome to the community, I'm glad you've found us :)

    I'm so sorry to hear about what's happened to you. I'm definitely not a legal expert, but that sounds really unfair to me, and like they didn't follow the procedures they should have followed to allow you to succeed at work. 

    It sounds as though you've already done your research and taken steps to find out what might happen next, but I'm just going to leave this page on what can happen if your employer rejects reasonable adjustments here just in case.

    Have you spoken to Citizens Advice? They might be able to help you decide what the best course of action is. They also have a page on taking legal action over discrimination which, again, might be worth giving a read if you haven't already. 

    I apologise that I can't be of more help. It might be the case that one of our members has more experience with this than I do, so I'll tag your post as unanswered so more people can see it. 

    Again, I'm really sorry that you've been through this. Whether you end up taking them to a tribunal or not, please remember that you deserve to be treated with respect at work, and should be supported in any way you need to reach your full potential. 

    Have you been accessing any support to help you with your mental health at this time? 
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  • Kev2020Kev2020 Community champion Posts: 38 Connected
    Hi. Kev here .. I have been though similar situations in the past and am sorry to hear your having a hard time . Could I ask what sector you work in ( type of job ) PLEASE DONT share any organization names.

    Thanks 
  • danielleldaniellel Member Posts: 4 Listener
    Hi Kev, I worked in the Real Estate sector and was in Management position. It's seems like a constant battle with the Employer as they don't recall any discrimination happening. 
  • Kev2020Kev2020 Community champion Posts: 38 Connected
    Is there a record of your performance at work ? Any issues should be recorded with action plans in place .. 

    Can I ask where you under a contract or working through an agency ?
  • woodbinewoodbine Member Posts: 2,924 Disability Gamechanger
    An employer can dismiss anyone within two years of starting to work for them for any or no reason,I suppose in the current economic climate many employers are taking advantage of this. Discrimination is always a difficult thing to prove, my advice would be to put it behind you and move on.
  • danielleldaniellel Member Posts: 4 Listener
    Hi Kev, No I asked to have one to ones and an action plan in place verbally to the line Manager also in writing but he failed to do one or advise me of where I was going wrong in my performance.
    He then brought up incidents that I was not aware of or acknowledge in the hearing of my dismissal, most of which was related to my disability. As there is no record of this in writing.The Company said that they didn't have any record or acknowledgement of this conversation and therefore do not acknowledge that any discrimination took place. I was employed under a contract. When I asked them where is the proof that I successfully completed training and how they provided me with reasonable adjustment, they informed me that I had reasonable adjustments even though they admitted not to carry out a work place assessment for my needs. I read through the appeal letter and the reasonable adjustments they are claiming I had, I didn't receive and my disclosure has a list of adjustments which wasn't met. 

  • Kev2020Kev2020 Community champion Posts: 38 Connected
    https://www.gov.uk/rights-disabled-person

    I obviously don't want to bombard you with links .
    Are you still under contract with them if not its important you keep getting money that helps you .

    Has your contract been terminated?

    If so you can start claiming SSP (sick pay)

    Let me know if I can't help I know people that can


  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Hi @daniellel and welcome to the community! I'm sorry this has happened. Please do let us know if we can do anything else to help. 
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    Scope

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  • janer1967janer1967 Community champion Posts: 7,360 Disability Gamechanger
    Hi @daniellel Welcome to the community I have worked in HR for several years and have bit of experience in this field.

    It does seem as though you could have a case to answer

    First of all you need to get a copy of the companys policies relating to discrimination, grievance, discipline and performance management. In order to go further with a complaint you need to ensure you have followed your part of the company policy and also that they havent ?

    I would suggest if you have got this far you then contact ACAS OR A UNION if you are in one,. ACAS are a free advice specialising in employment and if going to tribunal would be involved

    @woodbine this would be a claim for disability discrimination so the years service is not relevant a claim can be brought in this case with less than 2 years service

    From what you have stated you could have valid case and they should have records of any performance or dismissal meetings they have had with you and you should be given a copy

    Anything else you want to know just ask
  • danielleldaniellel Member Posts: 4 Listener
    Thank you for welcoming me to the community,
    I appreciate all your feedback and decided to seek some legal advice from my union, I know I may have a slim chance in this case, but im willing to check if it is worth making a claim. I would welcoming any advice going forward in regards to any early prevention.
    Many Thanks
    Danielle 
  • Tori_ScopeTori_Scope Community Team Posts: 3,210 Disability Gamechanger
    Good on you @daniellel! Keep us updated with how it goes :)
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