unfair dismissal?

[bobby1]

hi everyone i am new to this site hope you can help me

i have been working for my employer for 10 weeks, i have a mental disability which does not affect how i work it just means that i understand things a little slower than other people. my employer has been humiliating me infront of other members of staff saying i am useless and cant do the job he has been picking at my work for weeks. he activly encourages other staff members to bully me, 1 member of staff called me a retard and punched me in the arm infront of my employer yet nothing was done.

my employer pulled me to one side after work a couple of days ago and told me not to come back to work as i cant do the job and i am too slow, howver this was only done after he had openly consulted with other member of staff about sacking me. i have not previously been given any warnings about my work. he has withheld my pay on 2 occasions and i have not been paid for the work i did last month. i still do not have a contract of employment or my employment particulars and am unsure of where i stand.

[Neil307812]

Re: unfair dismissal?

I'm pretty sure that because he didn't sack you for misconduct or anything like that he has to pay you a notice period, probably just 1 week with your length of service unless you have something in writing saying otherwise.

Can't claim unfair dismissal as you haven't been there long enough and as far as I know this doesn't count as an exception to that rule.

You might be able to make a claim for disability discrimination, someone else is bound to know more about that.

Do you have anything at all in the way of evidence as to how you were treated?

[bobby1]

Re: unfair dismissal?

thanks for your post, other members of staff witnessed what happened and one girl asked if i was ok would this count as evidence if she would write a statement?

[miliitant]

Re: unfair dismissal?

This is naughty

was your employer aware of your disability prior to being recruited
was any reason given for you to leave the company
was any reference given
did you do a grievance
are you still employed

before we go on and other people comment

you do not have to be employed for 12 months, now 2 yesrs to bring a claim to an employment tribunal if the employer has breached your "protected characteristics"

so please answer each one of my questions

[alham]

Re: unfair dismissal?

Oh yes, go to citizen's advice bureau and they will be able to help. Although 10 weeks is within 3 months of trial employment (where both the employer and employee can terminate employment without giving any reasons) discrimination is illegal, period. Also, withholding payment for work. Citizen advice should be your first point of call. Good luck.

[SpringerSpaniel]

Re: unfair dismissal?

It is my view that the employer has failed to make reasonable adjustments for your disability and hs subjected you to discriminatory treament and is therefore in breach of the Equality Act 2010. There is no minimum qualifying period of service required to make this kind of claim in the employment tribunal. If you are a union member, speak to your branch officers or shop steward.

Otherwise a Law Centre can give free advice in ratehr more depth than the average CAB branch www.lawcentres.org.uk

[bobby1]

Re: unfair dismissal?

yes my employer was made aware of my disability at my interview and also my carer spoke to him after i was employed, the ony reason given for my dismissal was that i was too slow and i was costing him money. i did not put in a grievance as i was worried incase i lost my job as i havent been there for very long and also the only person i could express my concerns to was my employer who was bullying me. i am not employed by this company anymore i was told not to go back 3 days ago. he did not accomodate my disability in any way or give any constructive advice of how i could improve. i did not recieve my contract in the 10 weeks i worked there does this still make me an employee?

[miliitant]

Re: unfair dismissal?

you are stll employed, period

go to your doctor and get a sick note and phone your employer stating you are off sick for depression if applicable or for bullying and harassmant

tomorrow i will post a letter onto your thread for you to give your employer,
they are trying the old abandament of duty routine on you

you then put in a grievance, which i will do it myself that will be extra ammo for your employment tribunal claim

did you ever have any disciplinary meetings or performance interviews

i am a trade union official and i will not tolerate this behaviour by anybody

[bobby1]

Re: unfair dismissal?

thank you, no i have not had any diciplinary meetings or performance reviews, i have been advised to write a letter about my wages as i have still not been paid is this correct?

[bluebottle]

Re: unfair dismissal?

There are two issues here which I have concerns about. One of them is Section 2, Health & Safety at Work Act 1974 (Failing to Ensure Safe Working Environment), in that your employer allowed another employee to physically assault you. As regards the assault, if the punch result in just a red mark, this would be Common Assault. However, if a bruise appeared, then this may well amount to Assault Occasioning Actual Bodily Harm (ABH). Was the assault reported at the time? If any mark has now gone, you have little chance of pursuing a criminal complaint. As well as having been a policeman, I have also worked with people with disabilities and am now disabled myself. It makes my blood boil when I hear of cases such as your own.

[newton abbot solicitor]

Re: unfair dismissal?

I agree, its unlikely to be unfiar dimissal more likely to be disability discrimination.

[newton abbot solicitor]

Re: unfair dismissal?

I agree, its unlikely to be unfiar dimissal more likely to be disability discrimination within Employment law

[Crowie]

Re: unfair dismissal?

Bloody disgraceful...... Check your house insurance to see if you have legal expenses insurance and if so, put a claim in with a good employment solicitor. And take them to the cleaners - things like this make my blood boil