Dismissed for Mental Health. But do I have a case?

[pastry_78]

Hi,

So far I've spoken to ACAS, Citizens Advice and EASS regarding a situation that I have found myself in but I haven't been able to get an answer on whether I have a case at all. It would be interesting to get someones opinion as to whether this is something that I should proceed with although I may get legal advise anyway.

Basically I have a history of depression and mental health disorders (anxiety disorder), I went to my GP about 5 weeks ago and he gave me a sick note (I didn't ask for this, he said that I needed the time off as he was starting me on medication). After the 4 weeks I went to the GP again for a checkup and he doubled my dose and signed me off sick again. I told my boss this and a day later he phone me up and told me he was terminating my contract, using the excuse that they were "restructuring the office" despite the fact that there had been no talk of any sort of restructuring taking place whatsoever. And obviously this decision coming the day after I had told him that I would need some more time off. I have only worked for this company for 9 months so obviously my rights are limited but I am certain that I am covered by the Equality Act 2010 because I was off work with a mental disorder with a GP's note. However the company has lied about their reason for dismissal.

Does anyone have an opinion on whether the date of my dismissal (i.e. immediately after getting a new sick note) could count as evidence in my favor? And what other evidence might I be able to present in a tribunal? They were aware of my disability, they took virtually no measures to address it, they dismissed me immediately after learning that I had been given more time off. But is this evidence? It would be a pretty damning indictment of the system if a company can dodge its duty of care by simply lying.

Thanks for any answers.

[echat11]

Hi Pastery_78

ULA Can you please take a look and advise, many thanks.

[ULA]

Given your length of service, less than 2 years, you would have to prove that your dismissal was due to disability discrimination. For which you would firstly have to prove that you are disabled under the Equality Act 2010, the definition of which is that you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

The definitions of "substanial" is that your condition is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed and "long-term" means 12 months or more.

If you can prove your condition is covered under that definition then you would need to be able to evidence that your dismissal was due to the disability.

[Promula]

Why do you class it as dismissal rather than redundancy?

[ULA]

Because redudancy is a form of dismissal.