Any protection from dismissal during probation period?(4 Posts)
lovingllamaa Thu 03-Dec-20 19:19:15
prh47bridge Thu 03-Dec-20 23:12:14
Hollyhocksarenotmessy Sat 12-Dec-20 07:50:55
MotherExtraordinaire Sat 12-Dec-20 09:13:53
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I was wondering if anyone knew if mental health conditions have any protection from termination of job contract during a probationary period. My DH has a long term mental health condition that he made his employers aware of prior to starting. It was generally well controlled, however flared up during the probationary period at his new job leading directly to some low performance in areas. He was always open and transparent with his work but they have now fired him due to low performance. Does he have any protection at all or is this just one of those things you have to deal with?
He is protected discrimination. Whether that applies here is impossible to tell from the information posted. He needs to consult a solicitor who specialises in employment law. It may be worth checking your home insurance to see if that includes legal cover.
Probation period has no meaning in law, so forget that aspect.
Normally you have no protection against dismissal for 2 years. However, your husbands condition may be considered a disability, in which case they need to make reasonable adjustments. He still needs to be able to do the job though.
He should call ACAS to see if this was potentially discriminatory.
Can it be proved that the areas he's under performing in are directly related to his mh condition and that he was upfront about this specific element from the start or during probation review meetings?
Did he have reviews?
Were there smart targets set and reviewed? Support offered?
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