Dismissed after 6 days of employment

[Limpots78]

I suffered a TBI in December 2018. I also suffered a subdural haemorrhage whilst in hospital needing emergency surgery. I went to a specialist rehab unit for 12 weeks. Before the accident I was a transport manager. I no longer could full fill. I wanted to get back to back to work as I’d always worked. I managed to get a Jon in January 2020 I started on the 6th of January, the company knew about my brain injury right from the off, I had two interviews and best four people to the job.

I started, then after 6 days I was called into the office by a manager and a member of HR and dismissed because I’d made some basic administrative mistakes, and was told this job wasn’t for me and told to leave. This broke me as it was my final step back to some form of normality. Shattered after just 6 days. I appealed the decision but just brushed aside, this was a multimillion pound operation in Liverpool docks. I am now taking them to a tribunal, but it’s knocked my confidence so much I feel now I will never work again. These companies just treat people with Brain injury’s like rubbish as they don’t understand. My manager even said “he doesn’t class a brain injury as a disability” pretty sums up the organisation.

[sealiphone]

From what you say, going to Tribunal, I'm not sure if you're looking for some guidance and advice.

The one thing that does occur to me is are you receiving free legal advice?

[Nackapan]

Do what you can but put it behind you and move on. That manager needs sacking.

Sometimes it's more empowering to walk

[philbou]

Unfortunately they can dismiss you without reason in the probation period

And while it’s horrible to be treated like that

Take solace in the fact that if they would do that to you after just 6 days

They can’t have been a great employer anyway

Don’t let it get to you

And good luck in your job searching

There will be somewhere you will fit in the perfect job for you

[Limpots78 in reply to philbou]

That’s not correct if your dismissed on probation and there are grounds you think you’ve been treated unfairly in either. race related age related , disability etc. You can seek legal advice for a tribunal which I have, with Acas involved. I will have a date for my tribunal as a barrister has said I’ve got a strong case

[DarrenPorto]

Sorry to hear about your work situation. I have a similar story. I suffered a TBI in 2016 in a car crash and wanted desperately to return to work as I felt it would signal an end of my 12 recovery in hospital and at home and bring some sense of normality. Plus I was desperate for the money after having no income for a year.

I tried to return to my existing line of work but my brain injuries made it impossible to perform at the cognitive levels required and I was fired. I tried another job in my line of work but was again unable to cope cognitively & was fired. I then tried a different line of work but still found the cognitive demands of work very difficult and my doctor signed me off work to prevent me from putting my brain & physical health in further danger.

I encountered some ruthless employers along the way. All knew about my brain injury but all were happy to employ me and put faith in my abilities. As soon as my brain injury showed itself in needing support at work by making errors or just performing slower than expected I was hurriedly cast aside.

The emotional turmoil of this set my recovery back and made me ill.

My car crash was not my fault and my litigation lawyer built these work issues into the court case. I am claiming ‘loss of earnings / potential earnings’ for what i earned pre-accident compared to what I earn now. My barrister also states he will apply for a sum to compensate the lower occupational pension I will now receive since I am not able to pay into a pension if my brain injury stops me earning. I am able to work part time in a less cognitively demanding job rather than fulfil my pre-accident career. I am near retirement age but this figure is still likely to be substantial.

I am recounting my experience to you for 2 reasons :

Firstly, was the cause of your TBI someone else’s fault? If so, speak to a lawyer about a loss if potential earnings claim.

Secondly, even though your work experiences are painful now, the fact they happened to you makes any legal claim far stronger. It proves you did all you could to return to work and that losing a job was not your fault and down to the TBI.

Hang in there and life will get better.

Best wishes.

[Limpots78 in reply to DarrenPorto]

I’ve engaged a solicitor and Acas the company has broken the rules disability act 2010. Ever if your on probation as dismissed due your injury, race , sexuality during your probation. you can take to a tribunal and let them answer some awkward questions.

[Pairofboots]

If you are a Union member, they will help you, does to me sound like a case of discrimination, would they have treated anyone the same, but in six days, was there a probationary period specified before starting?