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Do.i have a case for unfair dismissal

16 replies

Adhdiva · 01/08/2024 07:38

Long story short .

Had a meeting where I was under investigation, voiced my concerns about other issues and told them i had been ignored and stuff hadnt been passed on and how they are not catering correctly for people with disabilities (adhd/autism)and i demonstrated I knew what to do within my job role - outcome was verbal warning .(I highlighted massive issues)
I had a moment of relief as I was happy I wasn't being dismissed

Immediately After meeting I was told I had my probation review (which I didn't know what happening) And that manager was confused why I wasn't told so I was walked into a room and left with more management
And i was Immediately dismissed.....

the reasons
Everything I had just been Investigated for and given a verbal warning for by the manager who had walked me over.

(I highlighted during my investigation that some management don't know what they are doing , this just proved my point).

I know I still have rights during a probationary period ( it should have been extended) as I had been back just under 4 weeks

I was litterly blindsided , I went home and collapsed on the floor hyperventilating

OP posts:
cryinglaughing · 01/08/2024 07:40

How long have you worked there?

Lorelaigilmore88 · 01/08/2024 07:41

What was the investigation regarding?
Also you say you returned, had you been off sick? What did they give as the reason for dismissal?

Adhdiva · 01/08/2024 08:58

It's seasonal work , I'd been there just under 4 weeks but in total 10 weeks .
I was off due to my contract (entertainment) .

The 6 week review was everything they wanted me to improve on , I demonstrated in the disaplinery I knew what I was doing and I highlighted what had happend so I received the warning ...
My manager and line manager didn't discuss anything I between, they should have given me another extension to prove myself . They haven't followed correct procedures.

Staff members have reported same issues (some are leaving of there own accord )
Joke of a company

OP posts:
Scautish · 01/08/2024 09:02

Honestly - walk away

even if you could prove unfair dismissal you’ve hardly been there any time and the payout would be minimal. The stress involved is also absolutely enormous

sorry you’ve been through this. It’s utterly shit that there is so little done to accommodate autistic employees. But save yourself - the company sounds awful.

JJathome · 01/08/2024 09:03

It’s hard to make sense of this.

so basically they took you in due to poor performance,?
you worked four weeks out of ten? Why? What does due to your contract mean here?
what reason did they give for dismissal?

SandyY2K · 01/08/2024 09:04

Given that this is seasonal work and you haven't been there for long, it seems like wasted energy lodging an unfair dismissal claim.

Your grounds would have to be some form of discrimination. I'm not sure if you want that to be disability related. You have to prove it.

Then I'd consider what you want as an outcome. You said the company is a joke, so I'm guessing you don't want to go back.

Adhdiva · 01/08/2024 10:33

I'm not the kind of person that walks away

OP posts:
FriendlyNeighbourhoodAccountant · 01/08/2024 10:45

Adhdiva · 01/08/2024 10:33

I'm not the kind of person that walks away

You don't have grounds to bring an unfair dismissal case for any other reason other than discrimination because you worked there less than 2 years.

Can you prove you were discriminated against because of your disability? If not, then you've no hope of anything. Even if you can, at less than 12 weeks service any payout (if at all) will be absolutely minimal and probably not worth your time.

Marblessolveeverything · 01/08/2024 10:56

With respect you are not entitled to anything in probationary period. Your opinion on process being followed is just that, they are free to disagree.

Whilst no company should discriminate and reasonable accommodations must be made. That doesn't mean all necessary required accommodations are reasonable within the particular work place settings.

You are unlikely to gain anything by "not walking away'. Put your energy into securing a new job.

itsallbowlsbaby · 01/08/2024 11:12

What were you under investigation for?

Scautish · 01/08/2024 11:19

Adhdiva · 01/08/2024 10:33

I'm not the kind of person that walks away

Perhaps it is this attitude that is leading to you being pushed away.

did you request reasonable adjustments under the equality act 2010. Did you make your disability known?

Given you were under investigation for poor performance I think you’ll find your case is extremely weak. But by all means speak to a lawyer (and be prepared for a substantial legal fee for them to review)

you do need to walk away. It’s up to you to decide whether you have the sense and dignity to do that.

flipent · 01/08/2024 11:21

No, you do not have a case.

As others have said, you do not qualify unless you can prove discrimination over a protected characteristic.

I am surprised they conducted an investigation on performance resulting in a verbal warning during probation. Sounds like it should have just been the probation review and dismissal.

If you felt relief at the verbal warning, that suggests that you have some doubts over your own performance.

Edingril · 01/08/2024 11:29

Adhdiva · 01/08/2024 10:33

I'm not the kind of person that walks away

That can be said about anything, you don't have a case but you won't listen so why on earth post?

Just do what you want

eurochick · 01/08/2024 17:43

You can't claim unfair dismissal if you have been with the employer for less than two years unless it is for discrimination due to a protected characteristic. It is not about whether you have the personality to walk away. It's about what is legally protected.

FawnDrench · 01/08/2024 19:01

Put your energy into getting another job, not fighting a losing and hopeless battle you will never win.

Crazycrazylady · 01/08/2024 21:43

Honestly they clearly decided you were more trouble than you were worth. You have no rights after 4 weeks.. concentrate on finding a new role and keep this one off your cv.

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