Go to Employment Tribunal?

[WorrieaboutFIL]

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.

These things happen. Lots of employers facing spurious claims will cough up something to get rid as it’s cheaper and less time consuming than legal fees and tribunal proceedings. You can’t stop people suing. It’s part of the cost of employing people. Arguably binning someone on the spot without a proper meeting isn’t ethical either.

As others have said, costs awards against a Claimant in the ET are very rare and even when awarded are typically very low. The only time you really see it nowadays is if the Claimant has been given a costs warning and they have ignored it (but that warning will generally have been along the lines of "your claim is worth £7k max, we think you will fail because of x,y and z and you will get £0. We will give you £2k to go away now but if you refuse this offer we will tell the ET you have been unreasonable and ask for a contribution towards our legal costs because you've completely wasted everyone's time").

There is no union or even an HR department, sadly.

There is always a union, even if there aren't enough members for an employer to recognise it and consult it for pay negotiations etc. They can still help with individual cases. Look at the TUC's union finder tool online. (They will not usually help with an existing case, however, but could for future ones.)

She wasn't there 3 months. Her prob was meant to be 3 months but they got rid of her after just over a week. OP they should have given you chance in that 3 months to sort this out and they should've raised the issues with you imo. Ive seen a lot of people come and go at my work and they have plenty of meetings and warnings before they go to try to make it work.

She was there for three months - she worked two days per week, so 12 days (although she says it might be 15?) work is six week, plus she took holiday and sick leave.

Actually she’s very clear she was there for two months, worked two days a week and took holiday and a days sick during those two months. So worked 12 days.

probation was 3 months but they ended it before then and terminated.

I'm not convinced we have the full facts from both sides' perspective. The only way the OP can hope to get any balanced and accurate assessment is to consult with an employment solicitor and give the full facts.

I know how these things work thanks, I was commenting on the view that the OP should take a punt and try to squeeze some money out of the former employer when the basis for that is unclear. I get that ethics does play a part, on both sides. If the OPs total actual contribution to the business is 12 days' work, they are going to have a helluva uphill battle to force them to cough up sufficient money to recompense the grind of the ET process of which they haven't even scratched the surface, based on the rather inconsistent facts given.

The following does not constitute ‘legal advice’.

In relation to s6 Equality Act 2010, which is the applicable piece of legislation here, it is not the condition that is classified as a disability or not; it’s the effect that it has on the claimant’s ability to carry out jornal life activities, essentially. So mild anxiety which is not medicated and doesn’t stop the claimant from engaging in work/family/work or community may not be held as a disability. If the anxiety is crippling several days a week, perhaps with medicAtion, or maybe jot, and the claimant struggles to do anything that they used to enjoy, this may be held as a disability. So the condition itself doesn’t matter. Both anxiety and diabetes can be disabilities under the equality act.

Ah, that was supposed to be in reply to the person who asked whether anxiety and diabetes could be disabilities….

Seriously op.. you're lucky you lasted as living as you did. In your probation period you made loads of mistakes. were sick and asked for them to remove negative feedback as it was making you anxious

Hi, can you PM me as I still maybe able to provide you with some practical assistance irrespective of the variety of responses you've had from others on here. I am genuine.

Honest Guv.

I mean just ignore the fact that you have at least three qualified and experienced employment lawyers on this thread and some senior HR people and just come and pay Meeee!

I’ll report you 😂

Ive just read the full list of posts from you OP.

Get some employment law advice. Should only cost £100-£200 pounds.

From what i’ve discerned from your posts, which are a bit drip fed and lack consistency, i don’t think you will like what i have to say. Ive been an employing authority who has specialised in recruiting those with disabilities, simply because i’ve found them to be some of them most loyal and committed staff, and that’s just the tip of the iceberg.

Being blunt, I don’t see that you have much of a case and if it’s as small a company as you indicate, the bar will be very very high for you to prove your case. If they go for costs against you (rare) but be aware it’s a possibility.

Being even more blunt, your attitude may well have been different whilst in employment, but you come across as angry and determined that you have disability protection, and that you have been bullied, but that you worked very hard over your 8 working days and that they have ignored the law…. As if that means anything. Don’t forget, you may not have lied, but you didn’t disclose material information until well into your employment.

One thing i learnt about ET’s having been in a few, nothing is certain. Another thing i learnt, the first time there i was only an expert witness…. If you think getting feedback from work is stressfull, and causes anxiety, yiu have no idea what you are getting yourself into. It will be 2 years of hell.

If i was you, i’d be playing nice with the company agree that it probably wasn’t a good fit, and ask if they would be prepared to give references, and wish them well. And move on..

She’s out of time!!!!!!!!!!