Disability, Dismissal and probation period - Help please

[Smithy26]

apologies f posted before in wrong section .
My Husband called into work for review and dismissed said he failed probation - 6 months probation period but verbally extended ( no letter of extension ) he was now nearly 8 months in employment . He has been given 1 week contractual notice pay and holiday pay due.

Husband has Dyslexia but does not class himself as having a disability he put both these statements on starter form on first day so employer could have known about this.

Husband has been dismissed for poor performance and as has not asked for any reasonable adjustments to be made throughout due to dsylexia.

But can they just dismiss him like they did?

Should Boss have not taken more steps to make reasonable adjustments knowing about his disability as its a protected. Surely being called to a probation meeting and sacked is not reasonable despite performance.

Has he got a case for disability discrimination or unfair dismissal or wrongful dismissal as no three steps seem to have been followed by boss. Should he have told his employer he needed an assessment or needs requested adjustment's to be made during his probation period or is it enough that the Boss should have recognised Dyslexia as a disability or because Husband didn't ask or highlight the dyslexia as an issue - are they within their rights to just do what they did?
His Friend says Might have a claim for Disability discrimination ? I'm not so sure
Employer sent letter saying he has failed probation and terminated with one week notice but offered an opportunity to appeal decision in writing .

Any thoughts on a case for disability discrimination - his work was actually very supportive and nice to him so it was a sudden switch to probation failed.

[Openlaw15]

Re: Disability, Dismissal and probation period - Help please

apologies f posted before in wrong section .
My Husband called into work for review and dismissed said he failed probation - 6 months probation period but verbally extended ( no letter of extension ) he was now nearly 8 months in employment . He has been given 1 week contractual notice pay and holiday pay due.

Husband has Dyslexia but does not class himself as having a disability he put both these statements on starter form on first day so employer could have known about this.

Husband has been dismissed for poor performance and as has not asked for any reasonable adjustments to be made throughout due to dsylexia.

But can they just dismiss him like they did?

Should Boss have not taken more steps to make reasonable adjustments knowing about his disability as its a protected. Surely being called to a probation meeting and sacked is not reasonable despite performance.

Has he got a case for disability discrimination or unfair dismissal or wrongful dismissal as no three steps seem to have been followed by boss. Should he have told his employer he needed an assessment or needs requested adjustment's to be made during his probation period or is it enough that the Boss should have recognised Dyslexia as a disability or because Husband didn't ask or highlight the dyslexia as an issue - are they within their rights to just do what they did?
His Friend says Might have a claim for Disability discrimination ? I'm not so sure
Employer sent letter saying he has failed probation and terminated with one week notice but offered an opportunity to appeal decision in writing .

Any thoughts on a case for disability discrimination - his work was actually very supportive and nice to him so it was a sudden switch to probation failed.

You say he has dyslexia, does he have a report from a psych ed. to confirm this? Just by having dyslexia alone does not make it a 'disability' for disability discrimination. It depends also on the job type. Why didn't your husband tell his employer that he was disabled, was it because he thought he be treated unfairly?

[shegerianlaw]

Re: Disability, Dismissal and probation period - Help please

If your husband already told their boss about his disability of Dyslexia (reading disorder, difficulties in spelling words, reading quickly, writing the words, "sounding out" words in the head, etc.) and hiring him and didn't give any written letter for probation and joining after that he extends his notice period verbally then why your husband didn't ask him about joining letter and why extends the probation period. According to company policy or "at- will" doctrine an employer can hire or fire any person any time and during probation period you can also leave the job. The restriction, though is that the termination cannot violate an employment contract, company policy or antidiscrimination laws. In your case, you say that your husband have a qualifying disability and that his employer knows about it. The employer cannot take an adverse employment action or otherwise take action that either discriminates against someone who is disabled under the ADA, or take an action which has a disproportionate result of the disability. If he feels that he has either been terminated because of your disability, then you can file a complaint with the EEOC. You might also want to consult with a local employment law attorney who, after listening to all the facts in your case, can give you a better idea of your best options.

[Openlaw15]

Re: Disability, Dismissal and probation period - Help please

If your husband already told their boss about his disability of Dyslexia (reading disorder, difficulties in spelling words, reading quickly, writing the words, "sounding out" words in the head, etc.) and hiring him and didn't give any written letter for probation and joining after that he extends his notice period verbally then why your husband didn't ask him about joining letter and why extends the probation period."

Dyslexia is as broad as it is long, various dyslexia/s and various effects. Not all dyslexic individuals are affected in the same way - some are far worse affected than others, which is why some dyslexic persons may be able to claim disability discrimination and others will not. Dyslexia essentially translates as impaired language. However dyslexia is in some ways a misnomer as it affects spatial awareness, co-ordination, which is why dyslexia is known to be an overlapping condition as it's often beyond 'word difficulties, can impact upon memory, organisation of thoughts, left, right, before, after sequencing, too.

According to company policy or "at- will" doctrine an employer can hire or fire any person any time and during probation period you can also leave the job. The restriction, though is that the termination cannot violate an employment contract, company policy or antidiscrimination laws. In your case, you say that your husband have a qualifying disability and that his employer knows about it. The employer cannot take an adverse employment action or otherwise take action that either discriminates against someone who is disabled under the ADA, or take an action which has a disproportionate result of the disability. If he feels that he has either been terminated because of your disability, then you can file a complaint with the EEOC. You might also want to consult with a local employment law attorney who, after listening to all the facts in your case, can give you a better idea of your best options.

It is only a qualifying disability for a tribunal purpose if the tribunal view of their (the person's) affective dyslexia meets the criteria of or for a disability in England and Wales. You are not being clear, for example what do the ADA acronyms represent for the poster's knowledge? What indeed is the EEOC? Law attorney, do you realise this is England and not America. I assume you use ADA for the American's Disability Act?

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

Hi yes i am in Uk

[Openlaw15]

Re: Disability, Dismissal and probation period - Help please

Hi yes i am in Uk , On a health form on start it said do you consider yourself to have a disability? he put no. But he did say on that form he had Dyslexia. He never highlighted this was a disability / protected charateristic to his employer and they never assessed him for it not did he inform them he would need any reasonable adjustments making. He was a Trainer / Lecturer and felt he could perform the role and his dsylexia was not a barrier to employment. It looks to me like his employer did not know that his dyslexia was a disability and failed his probation as poor performance - He struggled with the role. The employer although failed probation said that he could appeal / raise grievance in his final termination letter to someone higher in the company. The act has already been done - I am sure this is unfair dismissal as their was no process but wondered if this is disability discrimination as they failed to recognise his dyslexia was a disability and failed to make any reasonable adjustments. In fairness to boss he did not ask for any reasonable adjustments to be made. they wouldnt have knowing discriminated against him but it still happened. what should our next steps be? could we go to tribunal or should we first have to appeal to the employer? only happened friday.

Dyslexia is a disability in general for employment purposes but for legal purposes it's different. Did he make an appeal to the senior person in the company? Is he diagnosed dyslexic by an educational psychologist (ie psych ed)? For employ tribunal it just depends on his dyslexia type, as I said above, ie it is a serious effect on his ability to do his job as a disability. Any claims must be made within 3 months of the discrimination too. What qualifications does he have as these are relevant, ie it will prove competence. If he disclosed he has dyslexia in his employment this is possibly a disability for employment purposes. The employer should have made reasonable adjustments as per his psych ed report, if he has one. What adjustments would he have liked?

Contact the British Dyslexia Association for support. Look them up online

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

He has Dyslexia diagnosed

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

please could you have a look if you get chance for me please I can see that you have been a fantastic help to others on this thread.

[Openlaw15]

Re: Disability, Dismissal and probation period - Help please

Can anyone help on what his next steps should be? Does he have to appeal - Does it matter that he was on probation period. What is the claim here. I think its unfair dismissal -No proper process ? not really warning of dismissal or is it disability discrimination as failure to make adjustments although he didn't give any mitigating circumstances (??)or request them. Although he has a disability but does not class him self as having a disability is them knowing he was dyslexic enough. Will it affect that he didn't discuss assessment for Dyslexia with them or raise it as an issue for his poor performance.
@mariefab - please could you have a look if you get chance for me please I can see that you have been a fantastic help to others on this thread.

If he didn't actually disclose how his dyslexia affects him it makes it difficult for an employer. Yes he may well have dyslexia but if the employer does not think that it has an effect on him on his ability to do his job the employer will not bother. Why didn't your husband tell them how his dyslexia affects him in his work? It is going to be difficult to claim unfair dismissal or disability discrimination. The employer believed your husband's performance was just not at the required level so ended his employment within his probationary period. Tell me about the company's grievance process and disciplinary systems in place. Do you have access to the company's policy concerning disciplinaries etc. Has he or have you tried to appeal to a senior person in his employment to say there has been an abuse of process (ie a proper investigation as required by law), if this is what you believe. Be specific with the job type, ie is it working for a the council or a private company. It is notoriously difficult to prove disability discrimination for tribunal purposes even when a person has dyslexia. Even where a person has a disability for tribunal purposes, then the next criteria is satisfying there was a discrimination. Please answer my questions, ie why did he not disclose the nature and effect of this particular dyslexia when doing his job? Why didn't the student do the work your husband set for them?

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

Thank you so much for reply Openlaw15 - you have been very kind . I think he felt it enough to tell them he had dyslexia. His probation was 6 months but he feels his manager did not review properly but advised him that he was extended due to performance and waiting on him to complete a qualification they set. he had nothing written to say their was an extension . He was under the impression his notice period was a month not a week as passed 6 months - he got let go this way in month 8 by being called to a meeting and dismissed. The letter says review to discuss performance but also offers to be accompanied. He was led to believe by his manager that he was not in trouble and it was just a review - He asked them if he needed to be accompanied and the boss said In email its a standard letter can attend on own but up to you if you want to bring someone to attend. His employer said he didn't have to work his notice if he didn't want to so that he could have the time to find another job and that he would pay him the two weeks as they are aware of our dire financial situation. They are quite a good employer just a terrible process they didn't really follow their own procedures. Procedure for disciplinary was 3 steps but as in probation he was warned verbally by his manager in the past then just told about this meeting then 5 days later dismissed. He has been told by friend that as he has a disability employer should have gone through process of 3 steps he put dyslexia on form at start so they should have known and not up to him to highlight to them.

If qualifications prove competence does that also work the other way - as if to say he is competent as he has qualifications but the employer could say he is capable just choose not to keep up performance. His students are young and not always possible to get them to do what needs to be one.

[Openlaw15]

Re: Disability, Dismissal and probation period - Help please

Thank you so much for reply Openlaw15 - you have been very kind. I think he felt it enough to tell them he had dyslexia. His probation was 6 months but he feels his manager did not probation review properly but advised him that he was extended due to performance and waiting on him to complete a qualification they set. he had nothing written to say their was an extension . He was under the impression his notice period was a month not a week as passed 6 months - he got let go this way in month 8 - called to a meeting and dismissed. The letter says review to discuss performance but also offers to be accompanied. He was led to believe by his manager that he was not in trouble and it was just a review - He asked them if he needed to be accompanied and the boss said In email its a standard letter can attend on own but up to you if you want to bring someone to attend. His employer said he didn't have to work his notice if he didn't want to so that he could have the time to find another job and that he would pay him the two weeks as they are aware of our dire financial situation. They are quite a good employer just a terrible process they didn't really follow their own procedures.

Thank you, but please answer my questions. It seems there may be grounds for unfair dismissal as there has not been a fair disciplinary process especially as he never knew it was a disciplinary matter. He should have been informed the final meeting was a disciplinary. There should have been an investigation, including whether it was right to dismiss him or find ways to support him. Please answer my questions as if you do not I cannot help you. You need to find out about company policy in terms of grievances and disciplinaries. Give me details, it's not enough to say 'they never followed their own procedure.' What is their procedure when investigating staff conduct etc? You say quite a good employer, ok tell me the name of the employer. What experiences also did you husband have to do his job? I am trying to finding out whether he has done this before successfully.

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

They are a small private company. His last Job same thing was 5 months he left due to join this employer as he was being bullied by last employer he gave up other job after 4 or 5 months to join this company. We have not yet raised with anyone higher as his Boss/manager and HR where at the meeting. he said he felt HR seemed to lead the meeting - said as they are he was bullied at meetings in last job HR wanted to make as easy / informal / comfortable as possible for him. No dismissal for first offence, Written, Final warnings is policy. Grievance is write to Director in 10 days to raise this is also written in at the bottom of the probation failed letter they sent to him.

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

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[Openlaw15]

Re: Disability, Dismissal and probation period - Help please

They are a small private company. His last Job same thing was 5 months he left due to join this employer as he was being bullied by last employer he gave up other job after 4 or 5 months to join this company. We have not yet raised with anyone higher as his Boss/manager and HR where at the meeting. he said he felt HR seemed to lead the meeting - said as they are he was bullied at meetings in last job HR wanted to make as easy / informal / comfortable as possible for him. No dismissal for first offence, Written, Final warnings is policy. Grievance is write to Director in 10 days to raise this is also written in at the bottom of the probation failed letter they sent to him.

I have a fair understanding of psych ed reports. Could you send it me if you have it scanned into your computer. HR is supposed to follow the guidelines for disabilities. it seems HR did not know that dyslexia is a disability either, or they had just overlooked the situation. When he had written 'dyslexia' on the application form it seems HR should have enquired further. Otherwise what was the point of saying he had dyslexia. Did your husband know that dyslexia is classed as a disability if it is serious enough? The psych ed report depending on where it was made would guide employers or colleges any reasonable adjustments to be made. If your husband has suffered problems like this before why wasn't he alert to the problems that not disclosing his dyslexia's effects to the company, is what I do not understand?

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

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