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I had my Employment Agency Contract terminated after a permanent full-time job offer was withdrawn. I accepted the permanent role within the deadline (15.12.20 midnight) for a rotating shift pattern between nights & days. The reason given was that I was on medication that prevented me from driving at night & therefore I could not commit to the role. I would like to know if I have any Employee rights for unfair dismissal given the details below. This has made me very anxious & I only moved a month ago into rented accommodation. Now I will have to inform my landlord to give notice as I would start to accrue debt given I am self-supportive. I would be grateful if you could please advise what steps I should take next & if I am entitled to any employment rights.
In a meeting on my last day of work 17.12.20 at 1900hr I was told I had not previously disclosed to Management that I was taking medication. I had worked for the London Council for 8 months through the Employment Agency on day shifts only but I agreed at my interview on 16.09.20. to commit to work a rotating shift pattern. I take medication as instructed by the Doctor at night before bed as the Doctor told me it would make me feel sleepy. I explained during my acceptance of the job offer that I was on medication that prevented me from working at night but that this was under a Doctor's review at the end of next month & could I have an extension to work day shifts until the time elapsed as the medication had been recently changed since my interview. In offering this it would help the dept as day shifts are the most difficult to cover (as night shifts attract premiums & therefore more lucrative).
It was clear from the meeting that the Management were about to terminate my employment immediately but I requested a 24 hour period to negotiate the final decison of the offer, whether to accept or decline, which was granted. I agreed to speak with my GP to review my medication so I could work my night shifts scheduled from 30.12.20. I replied within the 24 hour period (18.12.20 at 1810hr) to confirm I had made contact with the GP & that my medication could be changed so it was safer for me to drive at night without risk to my health. I had no reason to disclose I was on medication previously as I was working day shifts & it is not critical to my well-being. My medication is to re-balance my hormones but I had not disclosed this to my Managers as I feel I cannot place them in a position of trust. During the meeting I stated that I had not refused to work nights & that I am not medically trained to determine whether I would have to continue on the same medication or different medication. I also stated that different medication presents different side effects anatomically due to individual differences so I could not comment. It was the reason why I requested a review with my GP. The Management were concerned that taking the same or different medication that affected my driving ability at night would impact on the service & my health
Having just checked the instruction leaflet it actually states according to the dosage ie. if you take too much that it may make you dizzy, drowsy, tired or sleepy amongst other possibly side effects. I am on the lowest dose. As I work 13 hour shifts with an hours' commute each way between home & work, naturally I was tired before the medication so I couldn't say that by taking it that it is impacting on me further or not. I asked if I could speak with Occupational Health about this & it was declined advising that I had not signed a contract yet. The email I received from Management was ambiguous & contradictory including that I should not go against medical advice & that they had a duty of care to me. I have had their email reviewed by another Manager who believes it is confusing, unfair & lacks compassion. I personally feel they have done nothing to support me on this journey by compromising until the medication had run it course. If they had of said on 16.12.20., no it is unacceptable & requested I speak with my Doctor within 48 hours for an urgent medication review, then I could have arranged this before the meeting but at no point was anything mentioned until the time of the meeting.
In a meeting on my last day of work 17.12.20 at 1900hr I was told I had not previously disclosed to Management that I was taking medication. I had worked for the London Council for 8 months through the Employment Agency on day shifts only but I agreed at my interview on 16.09.20. to commit to work a rotating shift pattern. I take medication as instructed by the Doctor at night before bed as the Doctor told me it would make me feel sleepy. I explained during my acceptance of the job offer that I was on medication that prevented me from working at night but that this was under a Doctor's review at the end of next month & could I have an extension to work day shifts until the time elapsed as the medication had been recently changed since my interview. In offering this it would help the dept as day shifts are the most difficult to cover (as night shifts attract premiums & therefore more lucrative).
It was clear from the meeting that the Management were about to terminate my employment immediately but I requested a 24 hour period to negotiate the final decison of the offer, whether to accept or decline, which was granted. I agreed to speak with my GP to review my medication so I could work my night shifts scheduled from 30.12.20. I replied within the 24 hour period (18.12.20 at 1810hr) to confirm I had made contact with the GP & that my medication could be changed so it was safer for me to drive at night without risk to my health. I had no reason to disclose I was on medication previously as I was working day shifts & it is not critical to my well-being. My medication is to re-balance my hormones but I had not disclosed this to my Managers as I feel I cannot place them in a position of trust. During the meeting I stated that I had not refused to work nights & that I am not medically trained to determine whether I would have to continue on the same medication or different medication. I also stated that different medication presents different side effects anatomically due to individual differences so I could not comment. It was the reason why I requested a review with my GP. The Management were concerned that taking the same or different medication that affected my driving ability at night would impact on the service & my health
Having just checked the instruction leaflet it actually states according to the dosage ie. if you take too much that it may make you dizzy, drowsy, tired or sleepy amongst other possibly side effects. I am on the lowest dose. As I work 13 hour shifts with an hours' commute each way between home & work, naturally I was tired before the medication so I couldn't say that by taking it that it is impacting on me further or not. I asked if I could speak with Occupational Health about this & it was declined advising that I had not signed a contract yet. The email I received from Management was ambiguous & contradictory including that I should not go against medical advice & that they had a duty of care to me. I have had their email reviewed by another Manager who believes it is confusing, unfair & lacks compassion. I personally feel they have done nothing to support me on this journey by compromising until the medication had run it course. If they had of said on 16.12.20., no it is unacceptable & requested I speak with my Doctor within 48 hours for an urgent medication review, then I could have arranged this before the meeting but at no point was anything mentioned until the time of the meeting.
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