Disability Discrimination

[IanL]

I started work as a solicitor with government legal department (GLD) in the UK in September 2019. I was put on normal 12 month probation. In August 2020 I was diagnosed with a brain lesion after an MRI, I am still working but get bad headaches and the medication I am on makes me drowsy and I have problems with my short term memory. GLD have extended my probation, at my probation review they said they had taken into account my medical condition but then applied the probation standards of a person who was completely fit. They have not made any provision for my medical condition, after the extension of the probation it is their intention to terminate my employment. Is the fact that they have not taken into account my medical condition disability discrimination when they set the probation standard to that of a person who was completely fit?

[ULA]

It would depend on whether your condition (sorry I am not a medical person) would be classified as a disability under the Equality Act 2010. Disability is defined as "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities". For the purposes of this definition

* substantial means more than minor or trivial
* long-term means that the effect of the impairment has lasted or is likely to last for at least 12 months, or for the rest of the person’s life
* normal day-to-day activities include everyday things like eating, washing, walking and going shopping

If this is the case then have you explained to your employer that your diagnosis in August would be qualify under the EA?