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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:
titchy · 22/09/2022 19:37

Why couldn't you just have increased the magnification on the screen, or used a larger font? Asking an employer to only give positive feedback because of an anxiety disorder isn't reasonable.

Floweryflora · 22/09/2022 19:37

WorrieaboutFIL · 22/09/2022 19:37

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

What your diabetes came on that quick?

WorrieaboutFIL · 22/09/2022 19:38

What do you mean lie on the application form? The question wasn't ask and if it was it would be discriminatory.

OP posts:
Dannexe · 22/09/2022 19:38

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

this is only partially correct. Yes it would have to have a significant effect on normal day to day activities but when assessing whether a medical definition amounts to a disability under the equality act you assess the condition without the effect of medication.

jessieminto · 22/09/2022 19:40

@DenholmElliot1
No one is saying she has lied though?

It's very rare to be asked this question on an application form as it can be discriminatory in itself or lead to unfair recruitment decisions made. It's very risky for companies to work in this way.

jessieminto · 22/09/2022 19:42

X posted with OP.

DenholmElliot1 · 22/09/2022 19:43

jessieminto · 22/09/2022 19:40

@DenholmElliot1
No one is saying she has lied though?

It's very rare to be asked this question on an application form as it can be discriminatory in itself or lead to unfair recruitment decisions made. It's very risky for companies to work in this way.

No sorry I'm not saying the OP lied. I just said that you can't lie on an application form for a job, not just the OP, but anybody.

WorrieaboutFIL · 22/09/2022 19:45

titchy · 22/09/2022 19:37

Why couldn't you just have increased the magnification on the screen, or used a larger font? Asking an employer to only give positive feedback because of an anxiety disorder isn't reasonable.

Perhaps these things would have worked, if I'd been given the opportunity to try them!

OP posts:
Floweryflora · 22/09/2022 19:47

Op I think thr bottom line is after a very short tenure any tribunal will be hard to win, they will build a case to show this was about your inability to do your job to the required standard, an example being you can magnify on a laptop so a bigger monitor isn’t really relevant. It might make it easier but due to the magnification ability then it’s wholly feasible to check for accuracy.

i cannot comprehend your comment on you didn’t get a chance to visit an optician or get glasses. Are you saying your eyesight failed so suddenly and wholesale that you had repeated errors , if so then again no bigger monitor would help.

if your medication is not sufficient and negative feedback leads to more mistakes then what support did you wish them to give you?

I think you will struggle here to prove this was they fired you as you are disabled and not because you simply were not able to do the job to a reasonable standard without heavy support.

WorrieaboutFIL · 22/09/2022 19:48

I didn't ask for positive feedback I asked for constructive feedback, and more time to come to grips with the role.

One issue raised was that I didn't spot some font on a webpage was grey rather then black. Blurry vision didn't help!

OP posts:
Floweryflora · 22/09/2022 19:48

WorrieaboutFIL · 22/09/2022 19:45

Perhaps these things would have worked, if I'd been given the opportunity to try them!

What’`? Why couldn’t you increase the size of the font or magnify?

jessieminto · 22/09/2022 19:48

@DenholmElliot1 agreed, but it's simply not ok for employers to even ask this. They can make a job offer subject to the condition of passing a medical. But only if every new employee for that job type has this condition to their offer.

You can't weed out disabled people from the start and stop us getting jobs. We have rights in the workplace, and with a few simple low cost/no cost adjustments most disabled people at work are able to perform their job without anyone else even noticing their disability.

IconicKitty · 22/09/2022 19:48

It would be best to make an appointment with citizens advice and see what they think. They are experts and will know more than most on this forum.

However from what you've said, I wouldn't bother pursuing this. Tribunals are long and stressful and usually hard to prove your case. You would be better to put your energy into finding a new role.

WorrieaboutFIL · 22/09/2022 19:50

Floweryflora · 22/09/2022 19:48

What’`? Why couldn’t you increase the size of the font or magnify?

I had no time to implement changes before I was dismissed. Literally only worked 12 days in the role.

OP posts:
Floweryflora · 22/09/2022 19:50

However from what you've said, I wouldn't bother pursuing this. Tribunals are long and stressful and usually hard to prove your case. You would be better to put your energy into finding a new role.

agree your answers are non sensical. I can’t see why you couldn’t see an optician you’d have known your vision was blurry and i don’t understand why you couldn’t increase font size or magnify to either of your work or check it.

titchy · 22/09/2022 19:50

Perhaps these things would have worked, if I'd been given the opportunity to try them!

But you were using a laptop - you could have been enlarging the screen and font from day one Confused

grayhairdontcare · 22/09/2022 19:50

Honestly op I would just not bother a dismissal claim.
Put a line under it and move on .

Floweryflora · 22/09/2022 19:51

WorrieaboutFIL · 22/09/2022 19:50

I had no time to implement changes before I was dismissed. Literally only worked 12 days in the role.

It takes less than a second to change font size or increase magnification. And you could easily visit a optician.

WorrieaboutFIL · 22/09/2022 19:53

I didn't know that I was at risk of being sacked! I was working flat out using the equipment they provided. I worked 12 days in total while undergoing tests.

It's my understanding that they should take account if disability and I'll be approaching Acas. I think their behaviour is shameful.

OP posts:
Dannexe · 22/09/2022 19:54

Did you tell them in advance of the dismissal that you have diabetes? The anxiety is a red herring

titchy · 22/09/2022 19:54

And not once in those 12 days did you think to magnify the screen... Hmm

WorrieaboutFIL · 22/09/2022 19:56

titchy · 22/09/2022 19:54

And not once in those 12 days did you think to magnify the screen... Hmm

Haha there is only so much you can do magnifying. And that was only one of a range of adjustments I requested, the main being an extension to my probation.

OP posts:
WorrieaboutFIL · 22/09/2022 19:57

Dannexe · 22/09/2022 19:54

Did you tell them in advance of the dismissal that you have diabetes? The anxiety is a red herring

Why is anxiety red herring?

OP posts:
Thurlow · 22/09/2022 19:57

If they read your email explaining about the diabetes and anxiety and immediately went, nope, we’re firing her, then you’d potentially have a case. And from what you say they may have done this. It could be worth discussing with Acas to get their opinion.

However, while a request for a different monitor etc would be a pretty standard reasonable adjustment, or requesting time for an optician appointment because things suddenly seem blurry, I do agree with PP that increasing the size of the text on screen is a 5 second job that didn’t need “time” for you to explore.

Dannexe · 22/09/2022 19:58
  1. Did you tell them in advance of the dismissal conversation that you were diabetic and as such have vision problems?
  2. when did you ask for the “adjustments”