Unfair Dismissal?

Photo of a bald headed Andy Robinson with big glasses and a suit, looking serious!Have you been unfairly dismissed because of your disability?

Have you been dismissed in the last three months? If so, you have the right to know why.

For an employer to dismiss you within the law, it has to be for one of the following five ‘fair’ reasons:

  1. Capability or qualifications
  2. Conduct
  3. Redundancy
  4. To comply with a legal duty or restriction
  5. Some other Substantial Reason

Your employer may have stated that you have been dismissed for one of these reasons, but that does not necessarily follow that it was ‘fair’. As long as you made your employer aware of your disability they have a responsibility to make reasonable adjustments for you, in order to ensure you are not at a disadvantage in the workplace.

These can include, but is not restricted to:

  1. Ensuring you have the correct equipment and facilities to undertake your role. These may be specific to your individual needs.
  2. Adjusting ‘attendance management’ policies in how they are applied so you are not adversely impacted solely due to your disability.
  3. Adjusting start and finish times or other working hours to facilitate your needs.

If you have been dismissed, you need to be satisfied that this was not as a consequence of your disability.

Were you presented with written reasons for your dismissal?

Were you offered a right of appeal?

Are you satisfied that your employer established the true facts of your case?

If assumptions or statements of considered fact were incorrect, were you granted a right of reply?

Was your dismissal ‘reasonable in all the circumstances’?

If you believe your employer has failed to answer some or all of the above questions then we would like to speak with you for a free consultation with Andy Robinson, our Employment Consultant who to discuss your claim with you in detail.

Andy can be reached at Andy.Robinson@frylaw.co.uk

Please do leave a telephone number if you are able to speak on the phone as employment issues are complex and a discussion around the issues is essential. Don’t forget we offer a Sign Video service to the Deaf Community.

About the Author

Chris Fry

Chris is the founder of Fry Law.