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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:
WorrieaboutFIL · 22/09/2022 19:58

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

Yes I told them at 3pm. At 5pm I dismissed.

OP posts:
Floweryflora · 22/09/2022 19:58

WorrieaboutFIL · 22/09/2022 19:56

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.

What’? You can magnify huge. An extending probation after the first week is odd;

I think you need to let this go.

Dannexe · 22/09/2022 19:58

WorrieaboutFIL · 22/09/2022 19:57

Why is anxiety red herring?

I can’t assist unless you answer my questions

MichelleScarn · 22/09/2022 20:00

Floweryflora · 22/09/2022 19:58

What’? You can magnify huge. An extending probation after the first week is odd;

I think you need to let this go.

Agree, windows you can magnify to 60x I think?

DinoDay · 22/09/2022 20:01

They can dismiss you for any reason in the first 2 years. You won't stand a chance of proving it was because of your diabetes.

Also, you would need to set out the outcome you want from conciliation or a tribunal hearing. You want the job back? Unlikely that would work well, imagine working in those circumstances... so compensation?

It is tiny amounts. Your legal fees would be more than you win back. The maximum they award is around £12k for something like basic sex or maternity discrimination.

Those stories you read of people getting 100s of k are because those people were able to prove high damages - their future career and earnings impact based on the ruining of their reputation or massive setback. They are usually bankers or lawyers.

If your job was admin then I'm afraid to say it isn't worth it. I recommend moving on.

However there is nothing stopping you from going to acas first. Sometimes it scares them into giving a small settlement for signing an NDA. Likely no more than a couple of thousand, or maybe a weeks notice.

Your other option is to force a good reference out of them with acas if that's what you're concerned about, not being able to get the next job because of their unreasonable actions. Might be an option.

nicknamehelp · 22/09/2022 20:01

If in probation period and therefore not there long reasons for dismissal don't have to be much just you don't fit. As others said you probably will loose more than gain.

FatAgainItsLettuceTime · 22/09/2022 20:02

My understanding is that you would only be successful at a tribunal if you can show that you were dismissed because of your disability.

From what you've posted it appears that you had been pulled up on accuracy and told that you were underperforming, after which you notified them that you needed adjustments due to diabetes making your eyes blurry and anxiety.

From what you are saying you had taken no steps to address the eye problems before even though you must have been aware of them, no eye test or changes to your screen settings or use of the built in accessibility features like zoom, screen reader etc.

You were also very early in your probation/trial period.

I would suspect that ACAS will advise that an employment tribunal wouldn't be a wise move.

WorrieaboutFIL · 22/09/2022 20:03

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”

I told them by email that I had a disability and would like support/adjustments. The next time I had a meeting which I reiterated my conditions. The next email I received was refusal to make any adjustments whatsoever, and official dismissal.

OP posts:
WorrieaboutFIL · 22/09/2022 20:05

My reading is that it is discrimination if no attempt to make reasonable adjustments, or support alternatives are made.

As an aside, my manager took a dislike to me after disclosing I had a child. I can't prove this however.

OP posts:
CaptainBarbosa · 22/09/2022 20:05

You asked to extend your probation withing the first 12 days of employment?

How long was the original probation period?

titchy · 22/09/2022 20:06

And that was only one of a range of adjustments I requested, the main being an extension to my probation.

The probation is irrelevant though. A reasonable adjustment is something to enable you to do your job, extending your probation period isn't unless you have to wait for equipment to be provided and you're waiting for longer than probation.

WorrieaboutFIL · 22/09/2022 20:07

FatAgainItsLettuceTime · 22/09/2022 20:02

My understanding is that you would only be successful at a tribunal if you can show that you were dismissed because of your disability.

From what you've posted it appears that you had been pulled up on accuracy and told that you were underperforming, after which you notified them that you needed adjustments due to diabetes making your eyes blurry and anxiety.

From what you are saying you had taken no steps to address the eye problems before even though you must have been aware of them, no eye test or changes to your screen settings or use of the built in accessibility features like zoom, screen reader etc.

You were also very early in your probation/trial period.

I would suspect that ACAS will advise that an employment tribunal wouldn't be a wise move.

Yes I did use on screen tools, as much as they were available. I was using a Mac for the the first time and it wasn't easy to get to grip with it :-(

OP posts:
Floweryflora · 22/09/2022 20:08

My reading is that it is discrimination if no attempt to make reasonable adjustments, or support alternatives are made

but your reasonable adjustments wouldn’t help you to do your job. You should have got glasses before you started or saw an optician immediately and you should have been using bigger font or magnifying to do your work or check it. What you’re saying is illogical.

WorrieaboutFIL · 22/09/2022 20:08

CaptainBarbosa · 22/09/2022 20:05

You asked to extend your probation withing the first 12 days of employment?

How long was the original probation period?

Probation was 3 months and I worked 2 days per week week. With holidays and gardening leave, I've worked 12 days.

OP posts:
Soontobe60 · 22/09/2022 20:09

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.

You said you had blurred vision - that’s the point at which you should have altered the font size etc. not after you’d made errors that someone else picked up.

WorrieaboutFIL · 22/09/2022 20:10

Floweryflora · 22/09/2022 20:08

My reading is that it is discrimination if no attempt to make reasonable adjustments, or support alternatives are made

but your reasonable adjustments wouldn’t help you to do your job. You should have got glasses before you started or saw an optician immediately and you should have been using bigger font or magnifying to do your work or check it. What you’re saying is illogical.

I'm sorry why is needing time to implement a change once it's raised illogical? Not everything disability related can be ameliorated at the click of a finger.

OP posts:
Floweryflora · 22/09/2022 20:10

WorrieaboutFIL · 22/09/2022 20:08

Probation was 3 months and I worked 2 days per week week. With holidays and gardening leave, I've worked 12 days.

So why couldn’t you see an optician or use magnifying or bigger font`?

Floweryflora · 22/09/2022 20:11

WorrieaboutFIL · 22/09/2022 20:10

I'm sorry why is needing time to implement a change once it's raised illogical? Not everything disability related can be ameliorated at the click of a finger.

Is this serious? Because you don’t need time to make a change to make the font bigger.

CaptainBarbosa · 22/09/2022 20:11

WorrieaboutFIL · 22/09/2022 20:08

Probation was 3 months and I worked 2 days per week week. With holidays and gardening leave, I've worked 12 days.

So you had 3months to visit the opticians? 3months to raise your eyesight with a professional.

But instead you spent 3 months squinting at a screen typing gobeldygook and then asked for a extension, and a IMAX screen to work from 🤔

titchy · 22/09/2022 20:11

Probation was 3 months and I worked 2 days per week week. With holidays and gardening leave, I've worked 12 days.

Bloody hell so you were there for two or three months and in that time never thought to google 'how to magnify display in MacBook'. Come on OP you're just taking the piss now.

WorrieaboutFIL · 22/09/2022 20:12

Because I didn't know it was so urgent that I would be dismissed immediately, even the equipment they gave me didn't work. I was working flat out , making improvements and doing everything asked of me. The dismissal was sprung on me!

OP posts:
Ilikewinter · 22/09/2022 20:13

Prior to this dismissal meeting had you had any other conversations / probation reviews?, were you aware that your performance was below expectations?

Floweryflora · 22/09/2022 20:13

WorrieaboutFIL · 22/09/2022 20:12

Because I didn't know it was so urgent that I would be dismissed immediately, even the equipment they gave me didn't work. I was working flat out , making improvements and doing everything asked of me. The dismissal was sprung on me!

Of course it was urgent to get your work right? Is this your first job? It’s not school.

WorrieaboutFIL · 22/09/2022 20:15

I'm going to step away from the thread because certain posters are flinging unwarranted personal attacks during what has been a very upsetting time for me. It's not a game. It's my livelihood stake.

OP posts:
FindingMeno · 22/09/2022 20:16

I think you're settling yourself up for failure if you go to tribunal with this.
Look to the future, move on, and join a union.

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