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Original poster

Go to Employment Tribunal?

168 replies

WorrieaboutFIL · 22/09/2022 18:08

Should I do this? I'm really upset after being dismissed during my probation, particularly as I had asked for adjustments (due to disability) and these were completely dismissed.

OP posts:
prh47bridge · 22/09/2022 18:35

No-one can advise you on the minimal details you've posted here.

If the dismissal was related to your disability, you may have a case. However, they may be able to argue that the adjustments you requested were not something they could reasonably provide. If the tribunal agrees, you would lose.

If the dismissal was not related to your disability or some other protected characteristic, it is unlikely that you have a case.

DisforDarkChocolate · 22/09/2022 18:38

Are you fully prepared for a massive amount of stress and a tribunal system that takes no account of mental health issues?

Original poster
WorrieaboutFIL · 22/09/2022 18:41

I don't know anything about tribunals, I'm seeking Acas conciliation in the first instance. But if I've been dismissed, in not sure what Acas can do?

OP posts:
Original poster
WorrieaboutFIL · 22/09/2022 18:43

One of the adjustments I asked for was an extension to my probation, I don't think that was unreasonable. Other was a larger screen/monitor to help with accuracy as using laptop was causing me eye strain.

OP posts:
skilpadde · 22/09/2022 18:56

You may have a winnable case, but it's a huge amount of stress to put yourself through to deal with what may always be a bad employer.

It may be better for you, psychologically, to move on and find an employer who is much more disability positive. They are out there.

And when you secure your next role, get in touch with Access to Work, who'll be able to help you with getting the equipment, software and support you need to help you do your job.

Dannexe · 22/09/2022 18:59

Did you fail your probation because of the difficulties in using your screen? What is the disability?

jessieminto · 22/09/2022 19:06

Have you got a written outcome of your probation? Have you been dismissed via failing your probation? Or dismissed for another reason?

What wording have they used the letter? If you can tell us the exact words they have used for reason for dismissal or reason for failed probation then we can help you better.

Original poster
WorrieaboutFIL · 22/09/2022 19:13

The reason for failing the probation was 'accuracy', some typos that I sent to my manager in a draft report. I have been experiencing blurred vision due to diabetes and told my manager. Within the hour I was formally dismissed/put on gardening leave.

OP posts:
jessieminto · 22/09/2022 19:17

OK that does seem pretty obviously discriminatory, with the timing so close to a disclosure and losing your job for something minor like typos.

Is there any history of feedback about a accuracy before this? Did they ask you to improve in this area before failing your probation? And was anything documented? Did you get a chance to document your requests for adjustments?

Floweryflora · 22/09/2022 19:22

Is it type 1 diabetes?

I think you can but the odds of winning this are incredibly low op

my friend id an employment lawyer. They are going to sit there and just repeat and show how shite you are at your job and it was nothing to do with your diabetes. Are you sure they fired you for a few typos?

Badger1970 · 22/09/2022 19:23

I think you'd be laughed out of court OP, sorry.

I'm an employer and also diabetic.

Original poster
WorrieaboutFIL · 22/09/2022 19:26

I also have an anxiety disorder and asked for more support as the extremely critical feedback was making me more anxious and more likely to make a mistake.

Why would eyesight problems and anxiety be laughed out of Court?

OP posts:
Original poster
WorrieaboutFIL · 22/09/2022 19:27

I put the request I'm writing and the next I heard was dismissal.

OP posts:
DenholmElliot1 · 22/09/2022 19:29

Did you declare your diabetes and anxiety disorder on the application form?

Original poster
WorrieaboutFIL · 22/09/2022 19:31

No I didn't, it's not required under the law. I raised it when I got feedback and thought this might be a contributory factor, that could be overcome with support or even just a probation extension.

OP posts:
melissasummerfield · 22/09/2022 19:31

For your diabetes to be considered a disability it has to have a significant impact on your day to day life, which for most type 2 diabetics is not the case as long as you are medicated.

You have nothing to lose by entering into conciliation if your employer will engage, and they might agree to settle if there is a perceived risk.

Floweryflora · 22/09/2022 19:31

Op does your lap top not allow you to magnify the size of the area you are working on and do you not have glasses`?

are you under medical supervision for your anxiety ? What support did you ask them for for this?

they need to be able to give feedback how that delivery is perceived can be subjective. They also have a reasonable expectation you can do the job.

jessieminto · 22/09/2022 19:32

DenholmElliot1 · 22/09/2022 19:29

Did you declare your diabetes and anxiety disorder on the application form?

This is irrelevant. You don't have to. She is treated as disabled as soon as it is reasonable to assume the employer knew she was. Even if she hasn't explicitly stated the disability.

Original poster
WorrieaboutFIL · 22/09/2022 19:33

I take medication for anxiety and panic attacks, have done so for many years.

OP posts:
Bobbybobbins · 22/09/2022 19:34

I don't mean this in a goady way but a genuine question - are diabetes and anxiety classed as disabilities?

DenholmElliot1 · 22/09/2022 19:34

jessieminto · 22/09/2022 19:32

This is irrelevant. You don't have to. She is treated as disabled as soon as it is reasonable to assume the employer knew she was. Even if she hasn't explicitly stated the disability.

Show quote history

You cant lie though can you? If they ask you if you have any conditions then you can't lie and say you don't.

Floweryflora · 22/09/2022 19:36

Op even if you were years in they can move to capability termination. If your disabilities make it not feasible for you to do the job. You are able to make reasonable requests. They are able to deny them if they feel they are not reasonable

Normally on laptops you can expand the area you’re working on to see for accuracy, so a bigger monitor is not relevant here. I don’t know what support you wanted for your anxiety but it may have been something they were not cut out to provide, as such dismissal the correct route.

Original poster
WorrieaboutFIL · 22/09/2022 19:37

I didn't even get the chance to visit the optician, never mind get glasses.

OP posts:
Floweryflora · 22/09/2022 19:37

Bobbybobbins · 22/09/2022 19:34

I don't mean this in a goady way but a genuine question - are diabetes and anxiety classed as disabilities?

If they are long term and significantly impact your life then yes. As a pp,said though you can’t lie on the application form.

jessieminto · 22/09/2022 19:37

It's really important to know if they gave you feedback and then allowed a period of time to improve? If they did this and there was no improvement then they are justified in ending probation.

The next step would be to understand if they refused or failed to make adjustments that would have made a material difference to your performance.

I would ask ACAS to help you establish a case from this perspective, but with the outcome you are looking for to be some compensation to settle before tribunal. If you went to tribunal it would be incredibly stressful and the payout very low in comparison. There are bands for how much you can get and it is never enough to risk your mental health.