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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:
Dannexe · 22/09/2022 20:16

Had they raised issues before or was this the first time they had pointed out any problems?

Your timeline doesn't make sense. in one post you say you declared a disability at 3pm by email and they dismissed you at 5pm by email and in the next you say you asked for adjustments at a meeting

WorrieaboutFIL · 22/09/2022 20:18

Dannexe · 22/09/2022 20:16

Had they raised issues before or was this the first time they had pointed out any problems?

Your timeline doesn't make sense. in one post you say you declared a disability at 3pm by email and they dismissed you at 5pm by email and in the next you say you asked for adjustments at a meeting

2.30 zoom meeting disclosure of disability, asking for adjustments/support. Verbally refused.
3pm I followed up request in writing.
5pm dismissal

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

Was the 2.30 zoom call them telling you you were not doing things right, and you then telling them you’re disabled?

MichelleScarn · 22/09/2022 20:20

What was the actual role?

Dannexe · 22/09/2022 20:21

2.30 meeting was presumably the probation/capability meeting?

titchy · 22/09/2022 20:22

Was that the first time you'd asked for a large screen?

Other than the screen and probation extension what else did you ask for?

WorrieaboutFIL · 22/09/2022 20:22

Dannexe · 22/09/2022 20:21

2.30 meeting was presumably the probation/capability meeting?

I didn't know the purpose of the meeting beforehand.

OP posts:
Floweryflora · 22/09/2022 20:23

Op can you see how this is muddled? Two different versions?

2.30 zoom meeting disclosure of disability, asking for adjustments/support. Verbally refused.
3pm I followed up request in writing.
5pm dismissal

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

roarfeckingroarr · 22/09/2022 20:24

You were only there for 12 days.

Cut your losses. I doubt you would get far given how very short your tenure.

WorrieaboutFIL · 22/09/2022 20:26

MichelleScarn · 22/09/2022 20:20

What was the actual role?

Comms role. Nothing is sent out with the company was wrong but a draft report that I sent to my manager had some typos, even although I told her I was just asking for feedback on the general structure and explicitly asked for her not to proof read it.

One item I posted to the website has some font in grey instead of black. As soon as I spotted it it was changed. WordPress had being playing up.

OP posts:
tigger1001 · 22/09/2022 20:28

What is the outcome you are looking for?

InGodweTruss · 22/09/2022 20:28

I would draw a line under this too tbh.

I recently settled out of court for sex, maternity discrimination and victimisation. It was clear cut and I had a union. It took 9 months to go through ACAS, and for the court to look at the ET1 and ET2. A further 3 months for my union to appointment a solicitor and then 6 months to thrash out a settlement agreement worth 20k. The stress was indescribable and I ended up on beta-blockers.

If you go through consolidation, you might get a few hundred pounds to go away.

prh47bridge · 22/09/2022 20:29

I struggle to see how extending your probation would have helped.

From your employer's perspective, it probably looked like you were aware there were problems from the feedback you were given, your work wasn't improving enough and then, 12 days in, you tried to use disability as a get out of jail free card. I'm not saying that is what you were doing, but it may well have looked like that to your employer.

You need to consult a lawyer who specialises in employment law if you want a realistic view of your prospects at tribunal.

WorrieaboutFIL · 22/09/2022 20:30

Floweryflora · 22/09/2022 20:23

Op can you see how this is muddled? Two different versions?

2.30 zoom meeting disclosure of disability, asking for adjustments/support. Verbally refused.
3pm I followed up request in writing.
5pm dismissal

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

If you're wanting to pick holes then timeline should include;

2 weeks prior to dismissal I receive performance feedback and I email saying I am keen to resolve this and have disability and would like adjustments to be considered.
Manager returns from 2 weeks annual leave then that week:
2.30 zoom meeting disclosure of disability, asking for adjustments/support. Verbally refused.
3pm I followed up request in writing.
5pm dismissal

Not sure what difference it makes however?

OP posts:
Floweryflora · 22/09/2022 20:30

If you go through consolidation, you might get a few hundred pounds to go away.

are you kidding, the chances of this are non existent.

WorrieaboutFIL · 22/09/2022 20:33

Floweryflora · 22/09/2022 20:30

If you go through consolidation, you might get a few hundred pounds to go away.

are you kidding, the chances of this are non existent.

Can I ask what your qualifications or knowledge are in relation to this area of employment law? You seem very certain.

OP posts:
WorrieaboutFIL · 22/09/2022 20:34

Soontobe60 · 22/09/2022 20:20

Was the 2.30 zoom call them telling you you were not doing things right, and you then telling them you’re disabled?

Yes, well me mentioning the nature of the disability.

OP posts:
InGodweTruss · 22/09/2022 20:35

If @Floweryflora is the same flowery person who gave me advice on my thread - they are certainly worth listening to! Along with @prh47bridge Flowers

titchy · 22/09/2022 20:35

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

WorrieaboutFIL · 22/09/2022 20:36

"waived the disability card". Horrible, ableist b*shit

OP posts:
Bzzz · 22/09/2022 20:37

It sounds like they were addressing your under performance before they even knew about the disability.
Take some responsibility for yourself - if you cant see the screen well, surely a sensible person would make an opticians appointment, whether you were facing the sack or not.
I'm keen to know how much money you think you will get out of this

MayThe4th · 22/09/2022 20:38

OP, am I right in saying that you were doing the job, and then they gave you feedback on accuracy, and your response to that was to fire off an email requesting reasonable adjustments because of a disability you hadn’t previously declared?

No an employer can’t ask about disability at interview, but occupational health can when you start, and not declaring a disability which you are going to require reasonable adjustments for if asked can be a dismissible offence. Not because it’s a disability but because you have withheld information.

You’ve worked there for 12 days. A tribunal is going to take years. I know someone who is taking an employer to a tribunal for withdrawing a job offer because of her disability and her court date isn’t until next September.

it will be stressful, and potentially expensive if you don’t win which is a very real possibility.

I would just cut your losses and look for something else.

And if you do need reasonable adjustment because of your eyesight then tbh I would declare it at the start.

And yes, I have disabilities and I know how frustrating it is.

WorrieaboutFIL · 22/09/2022 20:39

What does money have to do with it? Upholding rights under the law, what's the point in having them?
At least from this thread I know what they might throw at me.

OP posts:
Dannexe · 22/09/2022 20:40

There is a lot of bad advice/information on this thread.

Your story is inconsistent and in general it is likely to look like you are making excuses at the point of imminent dismissal. However - IF your final version of the timeline is correct and can be verified and IF you can establish that you were clear about the condition and its effects on you and IF you are successful in showing that your condition amounts to a disability then on the basis of that timeline you may have a claim for a failure to make reasonable adjustments. There is no obligation to make adjustments until the employer has knowledge of the disability and adjustments only have to be made if they are reasonable. Extending probation is unlikely to be found to be an adjustment that ought to have been made, providing visual aids might if it can be established that they would help, ignoring errors will not be.

You may have a claim if you've declared a disability that could have been the cause of your failure to perform to the required standards but it is unlikely to be worth your while pursuing it.

Muddying the water with unreasonable requirements around anxiety and speculation about whether your manager likes employees with children (statistically most employees...) will not help your case.

Take some legal advice with copies of your documents and a very clear timeline plus evidence of your disability (GP notes will be accessed by the employer and you are likely to have to have medical assessments to prove the vision issues).

AnneLovesGilbert · 22/09/2022 20:40

Are you job hunting at the moment?