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Is this unfair dismissal?

Category: Law & Legal

GeeGee


Hi All!

I have recently been fired from my position, and I was wondering if it would be considered unfair dismissal as I have heard that because I was carrying out an extended probationary period I wouldn't have the same rights.

I was employed between December 2009 and April 2010, and I was serving an extended probationary period due to mistakes being found in my work - I was appointed as a Finance/HR Clerical Assistant and I was entering information incorrectly into the system. I thought I was dyslexic, and after having to remind my manager many times of my concerns, a dyslexia assessment was conducted, which found that I was borderline dyslexic, and had a notable difficulty in processing written information - where I came 14th out of 100 (100 being the top score) for that section of the assessment. I was also informed by my manager that she thought I was simply being 'careless' and I also felt, at times, that she wasn't taking the matter seriously, as she would laugh it off whenever I brought it up, or would joke about some of the symptoms that I printed off from a dyslexia website.

My role included transferring information from invoices to the computer and entering it accurately, and transferring data from spreadsheets to the computer in HR, which was where the error was found. I was told the day before I was fired that I had really improved and that I had been complimented by a few managers who said that my conduct had improved vastly and that I was much more professional within my role than when I first started.

My questions are as follows:

1) Would the difficulty in processing information be considered a disability?

2) Would this be considered unfair dismissal?

3) What can/should I do now?

4) My probation review meeting was on the 28th April, and that was also considered my last working day - however, I get paid up until the 26th May (4 weeks), does this count as adequate notice or not?

Thanks all!

Tass
Tass

Did they fire you following the disciplinary procedure?

Did you have a meeting to defend the allegations against you?

What were the reasons for your extended probation? Did you have previous warnings for mistakes? If for the same issues, then they can fire you and don't think this would be a discrimination issue.

You could appeal the dismissal in writing to your employer and can ask for the reasons in writing although they are not obliged to give you the reasons due to you still being on probation. Basically, as you had this extended, shows that they had previous issues but gave you a chance to improve. Your review on 28.04 must have shown further inconsistencies.

I would contact ACAS in the UK as they are really helpful and will give you sound advice but will ask you to appeal first.

Employers need staff who are competent and if your borderline dyslexia resulted in errors, you would have to prove to an ETA you were fired due to this whereas they may state you were not able to fulfil your role etc.

Four weeks pay is in line with their contract as you would only receive this from a successful tribunal if you sued the company anyway.

Naren
Naren

1. No difficulty

2. Yes unfair dismissal

3. You can go to labor court.

Eziblogger
Eziblogger

1. The dyslexia *may* be considered a disability but it does not stop them from dismissing you if the job requires accurate processing of written information and no reasonable adjustments can be made to improve your performance.

2. You have not worked there for 12 months or more so you cannot make a claim for unfair dismissal unless you can prove that your dyslexia is a disability and your employer failed to make reasonable adjustments which could improve your work.

3. Find out if your dyslexia qualifies as a disability and if there are any reasonable adjustments that could have been made to assist you. Disability discrimination does not require the 12 months' service. Be aware that they could argue that you knew about it before you were employed but failed to tell them at the time. HR and Finance are areas where errors can have serious consequences.

4. 4 weeks sounds like adequate notice but check your contract - your notice period will be stipulated there.

redgator
redgator

Doubt you have dyslexia. You weren't diagnosed by a medical provider. Just sounds like you made mistakes and got fired.


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