Disability discrimination and unfair dismissal

[LGibb]

I have been continuously employed for 3 years and after 3 months off sick due to bipolar disorder I returned to work and my role changed as per my reasonable adjustment request.

I signed a new contract for the new role without realising my pay was cut (only by 50p an hour, but still) and I was placed on 6 month's probation.

After 2 months in the new role, I was invited to a probation review and in this meeting I was told due to my poor performance I had failed my probation and I was immediately dismissed, without any other warnings.

I appealed the dismissal which was rejected by the manager.

Are employment rights and number of years employed protected when you change roles due to a reasonable adjustment?

I feel like I shouldn't have been put on probation and putting me back on probation because of my disability is disability discrimination and I have been unfairly dismissed.

What they’ve done isn’t a “thing”. You have continuity of employment regardless of signing a new contract. I suggest you see an employment solicitor and bring a claim.

If you have 3 years continuous employment, they cannot fail your probation and dismiss you? Are you in a union? If you are ask for support from someone with mental health experience - from family experience not all have.

Thank you!! I have been searching for the wording for this for a while and going around in circles trying to find out if being on probation was correct!!

Firstly continuous employment does apply if same organisation so in that respect they need to respect that when terminating your employment. But secondly, if you are unable to do the new role they can terminate it but they don't on paper seem to have done it correctly, you should have had a warning letter and then be due redundancy.

She wouldn't be due redundancy because it isn't a redundancy situation.

OP it sounds like you have potential claims of unfair dismissal and disability discrimination. How long ago did this happen? You need to start ACAS Early Conciliation within 3 months less one day of your dismissal if you intend to bring an employment tribunal claim. Even if you don't, you can use the threat of this to negotiate a settlement. Please speak to an employment lawyer!

@anothernamechangeagainsndagain that is not correct. This is not a redundancy situation.

OP, please see an employment solicitor- from the facts you’ve set out you have strong claims for both disability discrimination and unfair dismissal.

There is so much wrong with this.

You have over 3 years continuous employment, so you are protected against unfair dismissal.

Even if they could reset the clock by moving you to a new role (which they can't), you would still be protected against disability discrimination.

As you have been employed for three years, you are entitled to at least 3 weeks notice. They cannot dismiss you without notice unless they find you guilty of gross misconduct.

The process they have followed falls well short of what is required. They should have given you support and/or training to help improve your performance. They should have taken reasonable steps to support you because of your disability. Dismissal should have been the last option when everything else has failed.

Consult a lawyer who specialises in employment law. If you have legal cover through your home insurance, they may be able to help. But, on the information you've posted here, it sounds like you have an excellent case for unfair dismissal and disability discrimination. This should be very costly for your ex-employer.

Thank you for all your extremely helpful comments.

The dismissal occurred on 01.11.23 so I have contacted ACAS to start that process within the 3 months and have contacted employment law solicitors.

Redundancy wouldn’t apply here.

Did you get paid 3 weeks notice?

They can dismiss you if they felt you were not meeting the requirement of the job after appropriate adjustment. The question lies in the details of the adjustment, the role and how you failed to meet the expectation.

did you see Occ Health and we're they the one to advise on the adjustment?

Redundancy definitely doesn't apply unless they scratch your role. Probation is irrelevant too. They might have called probation internally but it doesn't mean anything legally.

You might have a case or you might not. Speak with a solicitor.

They can dismiss you if they felt you were not meeting the requirement of the job after appropriate adjustment.

This is true but they are required to follow a fair process. Being called in and immediately dismissed for poor performance without being given any chance to address the alleged issues or support to do so is not a fair process.