What’s my chance of winning Employment Tribunal case?
Was employed there for three years. (Unfair dismissal, failure to make reasonable adjustments and discrimination arising from disability)
Was sacked under employer’s capability procedure due to ten sickness absences over three years. Seven of those sickness absences were related to my disabilities, which the employer knew about.
Was taken through capability procedure because of my disability related sickness absences. If I did not suffer with these disabilities, I would not have been sacked.
Employer refused to implement my reasonable adjustment request twice. Stating that every employee had to be treated the same. The reasonable adjustment would have prevented my dismissal.
I had one OH assessment throughout my employment. At the time of my dismissal, it was a year old. I was not offered another OH assessment after this one.
I was never asked if my boss could contact my GP for a medical report or for them to access my medical records. However, the employer have said in their Grounds of Resistance that I “failed to provide medical evidence”, but they never asked me for medical evidence…