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Unfair Dismissal

ABrookerABrooker Member Posts: 4 Listener
edited October 2018 in Employment and careers
Hello all,

I was wondering if anyone out there has gone through an unfair dismissal due to disability discrimination and have used the Early Conciliation process with ACAS? 

I have just started this process on Friday after my employer failed to make any adjustments after I disclosed my mental health condition during my probation period.  I disclosed after finding out they were a Level 2 Disability Confident employer which honestly I now feel is a joke.

Any advice would be appreciated.

Many Thanks

A
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Replies

  • Ami2301Ami2301 Community Co-Production Group Posts: 7,912 Disability Gamechanger
    Hi @ABrooker welcome to the community!

    Unfortunately I have no experience with this so am unable to advise. However there may be a few members of the community who will be able to help and will be in contact with you soon.

    Please let us know if there is anything else that we can help you with! :)
    Disability Gamechanger - 2019
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  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Welcome and good luck 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
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  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,729 Disability Gamechanger
    Hi @ABrooker
    Im so sorry to hear this, you could call the Scope helpline on 0808 800 3333 and ask one of our staff who may be able to offer support.

    You could also check out The Law Centre for legal advice.
    Scope
    Senior online community officer
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  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Hello @ABrooker .

    I have been through this process. You need to show that they had no valid reason for terminating you and that no-one else was treated similarly. It worked for me.
    In many instances an abusive employer will offer to settle before it gets to Tribunal when they have crossed the line.
    You should have disclosed it earlier but it won't impede the process.
    It is now compulsory to go via ACAS before a Tribunal will accept an application so you have to do it anyway in order to take it further.
    Yes "Disability Confident" is meaningless and empty. No checking is done on the claims made by employers. The status cannot be contested.
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  • Ren_ScopeRen_Scope Scope Support to Work service Posts: 24 Courageous
    Hello @ABrooker
      
    As an Employment Advisor I can tell you that you do not have to disclose your disability or health condition to an employer, this is your choice completely.  If however, you do require adjustments to be made then you do need to let them know so that they can provide you with the adjustments you need. 

    It is extremely disappointing to hear that you have experienced disability discrimination by a Disability Confident employer and I think it will be very difficult for the employer to prove that this is not discrimination. 

    ACAS are great, they will provide you with all the advice and information you need to support you through this process.

    Best of luck!
    Ren
    Ren
    Scope Employment Advisor
    Phone: 0300 222 5742
    Email: [email protected]
    www.scope.org.uk/supporttowork
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