unfair dismissal due to disability and health — Scope | Disability forum
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unfair dismissal due to disability and health

vix66
vix66 Member Posts: 3 Listener
hi guys, I worked for my company for 5 years, i started getting ill may 2019 with mainly my mental health, bowel and bladder problems, I also have ankylosing spondylitis which i declared when i started as well as mobility issues.

I tried to go back several times and failed - i just got ill again after a couple of weeks.  The company tried to make reasonable adjustments, phased return etc but I was constantly signed off by my dr.

I got furloughed in April then in May out the blue got a call to say i was redundant and received redundancy pay. I had no consultation about this etc and it came as a shock as only two weeks before the phone call they were asking me to go back while the office was closed to do Admin.

I did have an occ health medical in January, she said to try and go back once more, which I did and i was too ill to be there. I think with my fluctuating conditions the company deemed me as unreliable.

Do you think i should pursue this as unfair dismissal?? I have an ACAS certificate ready for the ET1.

Thanks for any advice you can offer 

Comments

  • cupcake88
    cupcake88 Posts: 1,240 Pioneering
    hi there hun I know @janer1967 was a great help to me with a employment question maybe she can help . I’m currently taking my previous employer to tribunal for disability discrimination it’s really long and really stressful and I’m this close from dropping the case but I have come this far . I went threw the acad stage and did my et1 they requested extra time to respond so I’m still waiting on seeing there response .  I have a upcoming pre hearing . It’s long and stressful but if you believe you have been unfairly dismissed then I would take it to a employment tribunal . 

    Best of luck x 
  • janer1967
    janer1967 Member Posts: 16,360 Disability Gamechanger
    Hi and welcome 

    First of all you should have been consulted about redundancy and given notice length of consultation depends on how many people involved 

    Has anyone else been made redundant,  what was reason for it etc has company gone bust or downsized 

    It could be unfair dismissal depending on lots of circumstances but redundancy is a fair reason for dismissal 

    Contact ACAS for more advice they have good website with lots info on 

    Happy to answer other questions you may have 
  • woodbine
    woodbine Member, Community Co-Production Group Posts: 7,721 Disability Gamechanger
    hi @vix66 as well as redundancy pay did you get PILON? (pay in lieu of notice), whilst it may seem unfair 10's of 000's of people are finding that their job has gone its just the way things are right now. It doesn't always follow that someone who is ill/disabled is made redundant that it is unfair dismissal, your energy might be better served getting as well as you can and then finding another job.
    Be extra nice to new members.
  • vix66
    vix66 Member Posts: 3 Listener
    Thanks for your replies guys, I was the only made redundant and worked for a large Housing Association.  I have gone through ACAS and now trying to complete the ET1 without the help of a solicitor lol. I won't be able to work anymore because of my conditions, its all very stressful but I have good solid evidence in my favour so we shall see.....thanks again x
  • janer1967
    janer1967 Member Posts: 16,360 Disability Gamechanger
    Glad you have some expert advice maybe CAB could help with the form completion

    If you have good evidence and feel reason was down to your disability then keep up the fight 
  • vix66
    vix66 Member Posts: 3 Listener
    Thank you Janer1967, I will continue with the tribunal.  
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,545 Disability Gamechanger
    Hi @vix66, I'm really sorry to hear this. I just wanted to check in to see how you were getting on. :)
    Scope

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