Sacked from work

[LabradorLady60]

Was sacked from my job today, totally knocked me for six, due to mistakes in my work. My employer was aware of my fibromyalgia however didn’t take it into account. I was dismissed and left the office immediately. I’ve only been there since June 2018 however had previously worked there since 2007. I’m absolutely gutted. Are there any grounds for unfair dismissal?

[desquinn Partner Volunteer FMAUK Trustee]

Cannot say on the info you have given. If you feel you may have a case then contact cab or ACAS

[LabradorLady60 in reply to desquinn]

Thank you really appreciate your advice

[Hidden]

Yes, contact ACAS.I was an employer and couldn’t dismiss someone without 1) just grounds, 2) previous verbal warnings and 3) previous written warning. The only exceptions would be theft, doing something dangerous ( e.g driving one of our clients while drunk) and even then they’d have to be suspended pending investigation.

Did your employer as you to sign anything ?

Call ACAS on Monday as I’m sure this is a clear case of unfair dismissal.

[Labradorlady1958 in reply to Hidden]

Hiya, no wasn’t asked to sign anything was just told I was making too many errors in my work (typing). I advised them of my condition re fibromyalgia a while back but like a lot of people I believe they didn’t take it seriously. I live alone and this was my only income. I am just so shocked and don’t know where to turn.

[Hidden in reply to Labradorlady1958]

That’s good that you didn’t sign anything.

Really they can’t just dismiss you. Do you have a contract ? I’m a bit out of date now with employment law on contracts but the fact that you’ve worked there, you’ve been paid regularly, will all help.

ACAS are very helpful. They will contact your employer and speak to them. If you need any help finding a contact number send me a message.

[desquinn Partner Volunteer FMAUK Trustee in reply to Hidden]

Would add that you do not need cause or capability within the first two years.

[Hidden in reply to desquinn]

You’re right. Think I must have just been a very fair employer.

Still worth speaking to ACAS though Labradorlady1958 — dismissal without discussion or warning seems very unfair to me.

[AllthatGlitters]

Hi sorry to hear this, sounds like your employer is totally unsympathetic to your fibromyalgia and has not made any kind of adjustments for you to enable you to keep in employment. This is wrong! Can you go to ACAS or have a union rep? In Scotland we get a free 30 minute appointment with a solicitor, not sure where you live however it would be an idea to see an employment lawyer. I am sure your GP will back you up in the way of advising how fibromyalgia effects your daily life.

Can I ask if it was a small private company you worked for or a large organisation?x

[Labradorlady1958 in reply to AllthatGlitters]

Hi it’s a small private company in Essex.

[22Mermaid]

Hi kazzajobson,

Really sorry to read about your experience.

1/ Were you on probation!

2/ Did you have support like Union!

3/ Were you sent to OHA - for assessment of your medical (and did they support you, by changing your working station etc.).

Please start, jotting notes, which will be useful for a tribunal. If you have some outside support, friend or family member, please ask them to help and support you, as it can be very draining, as you had a nasty shock.

In the meantime please rest and stay calm, as its been a big blow.

Also the information from desquinn and others is very useful. 😇 big gentle hugs.

[desquinn Partner Volunteer FMAUK Trustee in reply to 22Mermaid]

Probation is a false concept unfortunately and more of an employers review process. Legally the current 2 year unfair dismissal time limit is effectively the probation period. However even during this there are still some situations under the Employment Act that would be considered automatically unfair like Jury duty or pregnancy.

[22Mermaid in reply to desquinn]

I really don't understand your jargon, I'm simply trying to relay some general information to a very distressed person, who is deeply upset probably very traumatised. Just jogging the person's memory, with a calming manner, and giving hope, as not to give up. 😇

[desquinn Partner Volunteer FMAUK Trustee in reply to 22Mermaid]

No problem at all. Just trying to correct some of the information.

[Labradorlady1958 in reply to 22Mermaid]

Thank you all for your kind comments I’m most grateful x

[Holly1968]

Hi

I'm sure your employer has to make reasonable adjustments to help you carry out your work. You should be protected under the disability act. Check with a solicitor.

[LabradorLady60]

Thanks Holly x

[Hidden]

Hiim so sorry to read of the way you've been treated, it's appalling. Yes, you can get a free half hour with a solicitor in England. Definitely get someone to help you, it will make life so much easier. Please let us know how you get on. Love and hugs Lynne xxxx

[Labradorlady1958]

Thanks so much for your message however I believe I have no grounds for unfair dismissal as I have been with the company for less than two years and quite frankly I need to move on now and put it behind me. I believe everything happens for a reason and will look forward to a brighter future! x

[robpw in reply to Labradorlady1958]

Ok - you may still have grounds to take the company to tribunal based on disability discrimination - however I thin it sensible to want to love on and put it behind you - if you are going into a new company then may I suggest you contact Access to work , they can help you and your employer with any access needs you may have and get those reasonable adjustments sorted so that you don’t have to go through something like this again :). Wish you well

[Labradorlady1958 in reply to robpw]

Thank you so much really appreciate your response x

[Labradorlady1958]

Sorry for any confusion but I appear to have two names. I am kazzajobson and Labradorlady1958 need to delete one lol!

[Labradorlady1958]

I need to delete one. See what brain fog can do lol x

[Labradorlady1958]

Yep Will do x

[Nuttyshirlz]

Having being a manager myself all I can say is you have to have being given the regular warnings verb written then sack unless you did something really serious like stealing etc then none of the above matter. If not then contact Acas or cab or your union if your in one. Good luck

[Happiee]

I really feel for you. It may be worth getting advice from ACAS, Citizens Advice or your Union if you belong to one, as it is likely you are covered by the Equalities Act. If someone has a disability, the employer is required to make reasonable adjustments to accommodate that disability. If your employer did not do so, and were fully aware that you had Fibromyalgia they may have contravened the Equalities Act. You also give the impression that your dismissal was a shock to you, which suggests your employer did not give you a statutory warning prior to dismissing you - in doing so they may have contravened Employment Law.

[LabradorLady60 in reply to Happiee]

Thank you so much for your advices I will contact ACAS and see what my options are x

[Happiee]

Apologies, my comments are superfluous - I did not see all the advice above