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Dismissal after reasonable adjustments due to poor performance in the new role

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  • Dismissal after reasonable adjustments due to poor performance in the new role

    I have been continuously employed for 3 years and after 3 months off sick due to bipolar disorder I returned to work and my role changed as per my reasonable adjustment request.

    I signed a new contract for the new role without realising my pay was cut (only by 50p an hour, but still) and I was placed on 6 month's probation.

    After 2 months in the new role, I was invited to a probation review and in this meeting I was told due to my poor performance I had failed my probation and I was immediately dismissed.

    I appealed the dismissal which was rejected by the manager.

    Are employment rights and number of years employed protected when you change roles due to a reasonable adjustment?


    I feel like I shouldn't have been put on probation and putting me back on probation because of my disability is disability discrimination and I have been unfairly dismissed.
    Last edited by LGibb; 6th January 2024, 01:33:AM. Reason: Added a lot more detail to post
    Tags: None

  • #2
    When were you dismissed.

    When you signed a new contract, I presume it confirmed that your continuous employment was deemed to have started on your original contract date?

    Can you prove that you were put back on probation because of your disability or is it company policy to put staff changing roles regardless of whether it is for a reasonable adjustment onto a probation period?.
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