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Thread: Can you be dismissed for?

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  1. #1
    slainte caragh's Avatar

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    Default Can you be dismissed for?

    Suing your employer for damages?

    I have been working for my employer since April '16 and on my application it shows I need reasonable adjustments due to disability.

    I have yet to receive this adjustment, I have even written to my Ops Manager without any luck or response, all I get from anyone is "we'll let you know!"

    I am now on (unpaid) long term sick after the Doc said I was on the verge of a nervous breakdown due to stress and unhappiness at work!

    Any ideas if I would be dismissed if I started legal proceedings?
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    Kati's Avatar

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    Default Re: Can you be dismissed for?

    Tagging @Ula ??? xx
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    Ula's Avatar

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    Default Re: Can you be dismissed for?

    What type of legal proceedings are you considering taking?
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  4. #4
    slainte caragh's Avatar

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    Default Re: Can you be dismissed for?

    Damages for the pain and unhappiness I have been feeling for over a year - unnessacerily as they actually have the equiptment somewhere in the building.. i just have never been given it!!

    Just something to make them sit up and take notice that I am finally being driven to depression and agony due to them doing nothing, nothing seems to be working.. even a reccomendation from OH that all i needed was to be given the stuff I was promised last April
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  5. #5
    Amethyst's Avatar

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    Default Re: Can you be dismissed for?

    Wouldn't it be a discrimination claim under the EA ? I don't know much about how the ET works but it seems a pretty shoddy state of affairs that you are where you are because they are being discriminatory.

    http://www.equalityadvisoryservice.com - have a search on there of Reasonable Adjustments - they have some quite hefty letters which might help making formal complaints to the employer before thinking about taking things further - a few cases I was reading are quite strong on notifying employer of need for reasonable adjustments and making them aware of the effect their failure is having etc.

    The employer is fully aware that their failure to make the adjustments has caused the current situation and your being on long term sick leave - if they dismissed you for asking for reasonable adjustments you would most certainly have a claim through the ET (IMO anyway for what that's worth! )

    Vodafone / Winfield EAT 2016 for example ( disability & failure to make reasonable adjustments causing further disability ( stress/depression etc) leading to unfair dismissal )
    Last edited by Amethyst; 6th September 2017 at 07:56:AM.
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  6. #6
    Amethyst's Avatar

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    Default Re: Can you be dismissed for?

    Ughhhh, trawling through the ET cases, (just research wise) there's quite a few if you look at those on reasonable adjustments, mostly 'hopeless' dismissed and struck out or withdrawn though. This one is being heard at the moment ( Ms C Woods v Peacocks Stores Ltd: 2403255/2016 and 2403263/2016 Part Withdrawal. ) so might be interesting. There's also a further appeal in a big discrimination/victimisation case Peninsula Business Services v Baker coming up in March next year.

    Otherwise it's all a bit depressing
    The complaint that the respondent failed to make reasonable adjustments
    pursuant to section 21 of the Equality Act 2010 is dismissed.
    appears a lot. So does out of time and failed to pay fees.

    One gets to this on injury to feelings...
    On 3 occasions in the period 19January 2016 to 19 May 2016, the physical features of the premises at Newholme (toilet facilities) placed the Claimant
    at a substantial disadvantage compared to non disabled persons. The Respondent failed to make reasonable adjustments to remove the
    disadvantage and that complaint therefore succeeds and the Claimant is awarded compensation for injury to feelings in the sum of £3240 (including
    interest in the sum of £240)
    .

    Oo this one looks like it might be positive/useful - Mrs C Carrabyne v The Department for Work and Pensions: 2401990/2016 Final.

    Here - https://www.gov.uk/employment-tribun..._date%5Bto%5D= - all quite miserable ( but quite fascinating) reading I'm afraid lol.
    Last edited by Amethyst; 6th September 2017 at 07:57:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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