Fired with no explanation

[Bonkerz]

This is for my DS. Age 16. Been working 78 days for company. Probation period 90 days. Review done a week ago all great. Turned up today for shift at 3 and fired by 3:13. No explanation just told will be paid 2 weeks notice. How can this be right????

It isn't. But sadly it is legal

I have requested a meeting tomorrow with his manager. DS is autistic so very confused. It obviously wasn't gross misconduct as he is being paid notice.

He's not been fired, he's just had his contract terminated. Presumably they just don't need him. If he gets pay in lieu of notice that's not bad - if he gets another job in that time then he's quids in.

Probation is a red herring. He has no protection from this for 2 years.

If he's disabled, did he need and request any reasonable adjustments to the job and were they made? As I understand it, unfair dismissal only kicks in after 2 years employment unless you have been discriminated against due to a protect characteristic - including disability.

If nothing else, a reasonable adjustment should have included explaining to an employee with autism in a way he could understand why he had been dismissed.

I guess I'm confused as to why he has had no explanation at all as to why he has lost his job.

There doesn't have to be a reason - he's been paid his notice period, in probation still, little legal cover until you're employed 12 months (maybe 24 now, not sure) so they are well within their rights. Doesn't make it okay but there doesn't have to be a reason

As he is may well be disabled under the Equality Act, if they knew or ought reasonably to know he is disabled then there might be a claim for discrimination e.g.
if he was treated unfavourably for a reason arising from his disability, and they cannot show it was a proportionate response to a legitimate aim or they failed to make reasonable adjustments etc

If low income, free legal help under legal aid is available through the Legal Aid Gateway by phoning 0345 345 4345

There is no minimum period of service under the Equality Act. A claim for discrimination can arise whilst applying for a job, at anytime through employment and post employment

Is it any surprise that disabled people (not saying DS is disabled OP) find it so hard to get employment with these laws? When employers can't treat disabled employees like everyone else (for employment law purposes) for fear of a discrimination case, no wonder they are less likely to be employed in the first place.

He is absolutely gutted. I'm on suicide watch. He's had messages from people he works with saying he's been fired because someone's accused him of harassing them! He hasn't spoke to this bloke since Sunday and worked 4 shifts since then so he's getting more upset

Well that's totally out of order OP. Log these messages - make sure he doesn't delete them - sounds like you'll need them.

Can you stop them contacting him somehow? Don't have much experience myself but can you spend some time with him helping to find a new job as a distraction?

I've got his phone now so he can't message anyone or see any messages. I've emailed the manager asking for clarification of his dismissal and have to go in store tomorrow at 8 am. I don't expect him to get his job back etc but I do expect an explanation.

Do come back OP with what happens tomorrow - wishing you luck. I don't mean to minimise but maybe it's best for your DS to be given appropriate feedback and move onto a new job. See it as a new opportunity. I know some folk would go to town on a DDA case here but not sure what good that would do for your DS.

I just want closure for him. If he has done something stupid that caused his contract to be terminated then he needs to know so he can learn from it.
It's a disgrace that they can just dismiss with no warning or reason especially when he's had positive reviews

Chickenjalfrezi

There is no evidence that disabled people are more likely to be unemployed because of the Equality Act. Rather employers cannot sack them due to their disability without having a legitimate non- discriminatory reason. If they have to do reasonable adjustments, which allow a disabled person to do the job, often the cost of them is born by Access to Work, which Govt funds.

Your poor son, I'm sorry to hear this and good luck for tomorrow OP

Chickenjalfrazi - employers can still dismiss a disabled person just like anyone else. What they can't do is dismiss them for a reason related to their disability. And they must make reasonable adjustments - but they can only do this if they know about the disability.

That's not completely true. We've an employee whose disability has worsened of late and is unable to fulfil any of the requirements of his job. The only adjustments that would allow him to do the work is a software package at a cost of £12k + VAT per year plus a full time assistant (with the same skills and experience as him) at a cost of around £40k per year plus training for the assistant at around £8k + VAT. I can't think of any employer that could or would accommodate that.

TiityGolightly - I am not sure what you are disagreeing with. You are arguing that it is not possible to make reasonable adjustments for this employee. If you do not make the adjustments and the employee cannot therefore carry out the work you can dismiss them on capability grounds. If the employee then takes action for unfair dismissal and/or disability discrimination you will have to persuade the tribunal that it was not possible to accommodate him through reasonable adjustments, specifically that the adjustments are too costly or not practicable. You will need to be sure that you have considered all options. The tribunal may, for example, consider that you could have redeployed the individual into a different role that he could carry out.

I know. You were saying that he couldn't be dismissed due to his disability. He can.

You were saying that he couldn't be dismissed due to his disability

I didn't say that. That was Cyclehire.

Dismissing someone for a reason related to their disability could be discrimination. If you dismiss your employee and they take you to tribunal they will clearly have a case. It will be up to you to convince the tribunal that your decision was justified. Can you convince the tribunal that it really would cost as much as you say and that the business genuinely cannot afford this cost?

If you are registered for VAT they will immediately discount the "+VAT" part of your justification since that isn't a genuine cost to the business. The tribunal may think you could get a grant towards the cost of the software package. They will want to know if a full time assistant is absolutely necessary and whether it will really cost £40k per annum to employ one. They will also question whether you could recruit an assistant who already has appropriate experience and therefore does not require £8k of training. They will look at the tax reliefs available to you for employing a disabled person and adjust the costs accordingly.

Don't get me wrong. I am not saying you are wrong. But you need to be very sure that you can make your figures stack up in front of a sceptical tribunal and convince them that the business really cannot afford it.

DS wasn't technically dismissed for his disability although he has autism so social interaction and friendships are difficult.
It appears he has been manipulated by a group of people at work who have targeted him as an easy wind up. DS let his guard down and the bullies have stirred stuff to cause trouble. He was unaware of it till he was fired yesterday. It boils down to him being on probation and the bullies being long term employees. No leg to stand on.

Op what you describe may be harassment on the grounds of disability; it would be depend on evidence, actions of the employer (with regard to issues like policies, training,supervision etc) and dates these events occurred.

Also he should appeal his dismissal. Under the ACAS code of practice, when they dismissed him they should have given him right of appeal (and adapt the process of the appeal to take account of his disability)

Certainly, worth a call to the legal aid gateway (phone number mentioned above) if he is has a low income/capital. Otherwise have you a local Law centre or CAB who can advise him?

'"You were saying that he couldn't be dismissed due to his disability"

I didn't say that. That was Cyclehire.'

I still stand by that (although I should say I'm not a lawyer). You can't dismiss someone because they're disabled. You can dismiss someone if they can't do the job and adjustments that would enable them to do the job are unreasonable. There are criteria in the Equalities Act as to what would be 'reasonable' but as described above it would be for an employment tribunal to decide.