Wrongful Dismissal?

[mrtea123]

I am hoping that someone is able to help with some legal advice as my head is spinning right now. Unfortunately I know that my upset doesn't count for much when it comes to the legalities, but I think I may have grounds for wrongful dismissal and I'd really appreciate it if anyone can advise if I may have grounds, or not. Appreciate any advice! Some key info below:

• My employment was terminated on Friday
• I have been with the company for 8 months
• Full time contract
• Passed 3 month probation
• My recent peer and management reviews came back positive

Whilst I have had no formal warnings or disciplinary action, for the past few months, the majority of interactions with my boss have been him telling me that I'm not good enough, but without any specifics about what I'm not doing right.

My boss is aware I have ADHD, and I have said that I'm so sorry to keep frustrating him and that perhaps my ADHD is impacting my communication. I've asked for specific areas to improve on so that I know what is needed and can measure improvements. But nothing was ever provided.

• On Friday I was asked to a call with my boss
• I was told that I wasn't good enough at my job and he was thinking about firing me, he asked me if I had any reasons to change his mind
• He said that he would think about things for a few hours and let me know. This was all verbal / not recorded
• My anxiety went through the roof and I actually threw up. I tried to work but an hour or so later I emailed to say that our call had left me unable to continue working due to stress
• I received an email to my personal address around 30 mins later to say that before I sent my message, he had already decided that I could not meet the core objectives of my role and he was terminating my employment "with effect from today" and "HR team will be in contact early next week with confirmation of details and next steps"
• No other info given
• I was immediately removed from company systems

HOWEVER my contract says:

"After the successful completion of your probationary period, in the event that the Employer wishes to terminate your Employment, it will be required to give to you:

During the first 4 years of service, one months’ notice"

BUT it also says:

"The Employer may choose, in its discretion, to terminate your employment at any time (including during any period of Garden Leave) with immediate effect, by notifying you in writing that it is doing so and that a payment in lieu of your notice entitlement (or balance thereof), calculated at basic salary only, (less statutory deductions) will be paid to you within 28 days after the termination date. Payment in lieu of notice shall not include any element in relation to any other payments or benefits."


AND:

"Nothing in these Terms and Conditions prevents the Employer from terminating your employment summarily without notice and with no liability to make any further payment to you in the event of any serious breach by you of the terms of your Employment and including (but not limited to) the following situations:


...Where you are, in the reasonable opinion of the Employer, negligent and incompetent in the performance of your duties"

I plan to speak to ACAS on Monday, but I would be grateful for any advice I can get. Thank you.

[ULA]

With less than 2 years service you can be dismissed by the company giving you your contractual notice, either which you have to work or as you have a pay in lieu of notice clause in your contract, you can be paid instead of working your notice. I would not suspect that the situation, as you have set it out, would warrant a gross misconduct dismissal, so it should be that HR write to inform you that you will be paid up to last Friday, your notice will be paid, together with any accrued but not taken holiday.

I do have a concern though that potentially your condition of ADHD (which your manager was aware of) could be considered as disability under the Equality Act (EqA) 2010 and therefore your employer has a responsibility to support you to do the job to the best of your ability, which may included making reasonable adjustments to facilitate this. Under the EqA, dismissing someone because of their disability, or for reasons connected to it without making reasonable adjustments, can amount to unlawful discrimination. You would however need to proved that your dismissal was directly related to your condition and that is considered a disability under the EqA.