Unfair dismissal?
Discussion
A male in his early 20's is injured while on exercise with the TA. He's left with a permanent knee injury.
He starts a new job as a petrol station cashier. The branch manager is aware of his disability, and supplies a "perching stool",
http://www.thistlehelp.co.uk/bathing/images/l35592...
to allow him to sit down during his 12 hour shifts.
Unfortunately his branch manager was killed in a motorcycle accident.
A week later a hatchet man appears from head office, and several members of staff are summarily dismissed.
The reason for dismissal is given as "Sitting down at work"
He has only been employed for seven months, does he have any comeback at all, perhaps through disability discrimination?
The employer is a very large, globally recognised, petrol company, currently in the news concerning alleged cartels.
He starts a new job as a petrol station cashier. The branch manager is aware of his disability, and supplies a "perching stool",
http://www.thistlehelp.co.uk/bathing/images/l35592...
to allow him to sit down during his 12 hour shifts.
Unfortunately his branch manager was killed in a motorcycle accident.
A week later a hatchet man appears from head office, and several members of staff are summarily dismissed.
The reason for dismissal is given as "Sitting down at work"
He has only been employed for seven months, does he have any comeback at all, perhaps through disability discrimination?
The employer is a very large, globally recognised, petrol company, currently in the news concerning alleged cartels.
karona said:
A male in his early 20's is injured while on exercise with the TA. He's left with a permanent knee injury.
He starts a new job as a petrol station cashier. The branch manager is aware of his disability, and supplies a "perching stool",
http://www.thistlehelp.co.uk/bathing/images/l35592...
to allow him to sit down during his 12 hour shifts.
Unfortunately his branch manager was killed in a motorcycle accident.
A week later a hatchet man appears from head office, and several members of staff are summarily dismissed.
The reason for dismissal is given as "Sitting down at work"
He has only been employed for seven months, does he have any comeback at all, perhaps through disability discrimination?
The employer is a very large, globally recognised, petrol company, currently in the news concerning alleged cartels.
Yes, assuming facts to be correct. An appalling and blatant example of disability discrimination.He starts a new job as a petrol station cashier. The branch manager is aware of his disability, and supplies a "perching stool",
http://www.thistlehelp.co.uk/bathing/images/l35592...
to allow him to sit down during his 12 hour shifts.
Unfortunately his branch manager was killed in a motorcycle accident.
A week later a hatchet man appears from head office, and several members of staff are summarily dismissed.
The reason for dismissal is given as "Sitting down at work"
He has only been employed for seven months, does he have any comeback at all, perhaps through disability discrimination?
The employer is a very large, globally recognised, petrol company, currently in the news concerning alleged cartels.
He needs to see a GOOD SPECIALIST solicitor. The company will run a mile and pay out on this one if this is what actually happened.
RSoovy4 said:
Yes, assuming facts to be correct. An appalling and blatant example of disability discrimination.
He needs to see a GOOD SPECIALIST solicitor. The company will run a mile and pay out on this one if this is what actually happened.
Thank's for the swift reply!He needs to see a GOOD SPECIALIST solicitor. The company will run a mile and pay out on this one if this is what actually happened.
I'm getting the account second hand, from 1500 miles away via chat messaging, but don't doubt the story teller. I'll persuade him to see a solicitor ASAP
Under 2 years of service you can be sacked for almost anything, discrimination is a no no of course however it will need to be proven which could be difficult. If it were me that sacked the chap I could just make up another reason 
TX.
Edit - I had to get rid of someone a few years ago who was simply rubbish at their job, easy to do as they'd been their for less than a year. This chap started a tribunal for racial discrimination
but dropped it after a month or two.
TX.
Edit - I had to get rid of someone a few years ago who was simply rubbish at their job, easy to do as they'd been their for less than a year. This chap started a tribunal for racial discrimination
but dropped it after a month or two.Edited by Terminator X on Friday 17th May 11:54
Terminator X said:
Under 2 years of service you can be sacked for almost anything, discrimination is a no no of course however it will need to be proven which could be difficult. If it were me that sacked the chap I could just make up another reason
TX.
I'm guessing it was the first available excuse from a list, and dismissal for something was inevitable. However, the hatchet man wrote a letter with that specific reason for summary dismissal, so I guess that seals the deal.TX.
Terminator X said:
Under 2 years of service you can be sacked for almost anything, discrimination is a no no of course however it will need to be proven which could be difficult. If it were me that sacked the chap I could just make up another reason
TX.
Edit - I had to get rid of someone a few years ago who was simply rubbish at their job, easy to do as they'd been their for less than a year. This chap started a tribunal for racial discrimination but dropped it after a month or two.
Those with a disability or race oe other "special" case have no minimum time limit.TX.
Edit - I had to get rid of someone a few years ago who was simply rubbish at their job, easy to do as they'd been their for less than a year. This chap started a tribunal for racial discrimination
but dropped it after a month or two.Edited by Terminator X on Friday 17th May 11:54
If he issues a claim then it is unlikely to be fought, because of time, money and because damages for dsaibility discrimination are much larger (I think they may still be uncapped IIRC)
Terminator X said:
Under 2 years of service you can be sacked for almost anything
Discrimination however is an exception. Indeed, you can be discriminated against during the interview/application process.If his employment has been terminated because he sits down due to a disability then his Ex-Employer has been most naughty.
Jasandjules said:
Terminator X said:
Under 2 years of service you can be sacked for almost anything
Discrimination however is an exception. Indeed, you can be discriminated against during the interview/application process.If his employment has been terminated because he sits down due to a disability then his Ex-Employer has been most naughty.
If the knee injury has last for or list likely to last for longer than 12 months, and meant he was unable to do his job without be allowed to sit down where someone else would be required to stand, but is perfectly capable of fulfilling his duties with the adjustment of being able to sit i don't think you could get a much clearer case of disability discrimination, i believe this sort of practice is considered to be automaticly unfair, where there is no minimum term of employment required
Probably unfair.
However, if you do win a case I think you'll only get a few weeks wages compensation.
As I understand it they work out the difference between unfair dismissal vs fair dismissal (redundancy, let-go etc) and that's what you get.
There might be some bad publicity for them so they might iffer an out of court settlement if you sign an nds. But that might just happen on Americal TV.
However, if you do win a case I think you'll only get a few weeks wages compensation.
As I understand it they work out the difference between unfair dismissal vs fair dismissal (redundancy, let-go etc) and that's what you get.
There might be some bad publicity for them so they might iffer an out of court settlement if you sign an nds. But that might just happen on Americal TV.
RSoovy4 said:
karona said:
A male in his early 20's is injured while on exercise with the TA. He's left with a permanent knee injury.
He starts a new job as a petrol station cashier. The branch manager is aware of his disability, and supplies a "perching stool",
http://www.thistlehelp.co.uk/bathing/images/l35592...
to allow him to sit down during his 12 hour shifts.
Unfortunately his branch manager was killed in a motorcycle accident.
A week later a hatchet man appears from head office, and several members of staff are summarily dismissed.
The reason for dismissal is given as "Sitting down at work"
He has only been employed for seven months, does he have any comeback at all, perhaps through disability discrimination?
The employer is a very large, globally recognised, petrol company, currently in the news concerning alleged cartels.
Yes, assuming facts to be correct. An appalling and blatant example of disability discrimination.He starts a new job as a petrol station cashier. The branch manager is aware of his disability, and supplies a "perching stool",
http://www.thistlehelp.co.uk/bathing/images/l35592...
to allow him to sit down during his 12 hour shifts.
Unfortunately his branch manager was killed in a motorcycle accident.
A week later a hatchet man appears from head office, and several members of staff are summarily dismissed.
The reason for dismissal is given as "Sitting down at work"
He has only been employed for seven months, does he have any comeback at all, perhaps through disability discrimination?
The employer is a very large, globally recognised, petrol company, currently in the news concerning alleged cartels.
He needs to see a GOOD SPECIALIST solicitor. The company will run a mile and pay out on this one if this is what actually happened.
The chap in question has a long term health condition which affects his ability to do something , but it;s not a limit to do the job ( with adaptations)
The stool is a 'reasonable adaptation' under the Equality Act.
Hatchetman is an idiot and has just opened the owners and brand to an arse raping at ET and in the court of public opinion. the fact the chap is a 'veteran' is a PR nightmare , but realistically the like of the RBL may be able to help with signposting to a good solicitor as all the RBL care with regard to ex services personnel is that you did actually serve ..
Sir Bagalot said:
RSoovy4 said:
He needs to see a GOOD SPECIALIST solicitor. The company will run a mile and pay out on this one if this is what actually happened.
Indeed. Slight problem here is only 7 months employment. Low paid job. VERY expensive Solicitor.Email him and you may be surprised at how much a five minute email will sort a problem.
RSoovy4 said:
The "Van of Breadster" is a barrister, and he will be delighted to help a PHer for free, as am I when it's an area which I know properly (which this isn't).
Email him and you may be surprised at how much a five minute email will sort a problem.
As the learned RSoovy4 has noted, Mr Breadvan is the Don of this kind of thing, and very, very helpful when asked nicely by PHers.Email him and you may be surprised at how much a five minute email will sort a problem.
Grenoble said:
RSoovy4 said:
The "Van of Breadster" is a barrister, and he will be delighted to help a PHer for free, as am I when it's an area which I know properly (which this isn't).
Email him and you may be surprised at how much a five minute email will sort a problem.
As the learned RSoovy4 has noted, Mr Breadvan is the Don of this kind of thing, and very, very helpful when asked nicely by PHers.Email him and you may be surprised at how much a five minute email will sort a problem.
Edited by RSoovy4 on Friday 17th May 16:50
It turns out that the ex-employee, (my future Son-in-Law) has a "Job Advisor", sponsored by whoever runs the Job Centres these days, who has taken charge of the situation, and has promised to "kick arses" at Shell (s
t, sorry, did I name and shame there?) 'cause they recruit through the Jobcentre.
He already has another job lined up, but won't take this lying down, and good on him!
t, sorry, did I name and shame there?) 'cause they recruit through the Jobcentre. He already has another job lined up, but won't take this lying down, and good on him!
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