Dismissal due to disability could be automatically unfair
Is a 12-month probation period illegal?
Holiday during notice period. Can my employer insist I take it?
No holiday pay on a zero-hour contract. How do I claim?
Pregnant and falling asleep at work. Can I be dismissed for that?
Which sectors are excluded from statutory rest breaks?
What does dismissed without notice or payment in lieu mean?
Failure to pay wages, ACAS conciliation started, so what next?
Gentleman’s agreement not to hire new staff from a competitor
Sickness absence dilema
Dismissal due to disability could be automatically unfair
Q. Hi. I was recently dismissed from my job for failing to complete a patrol that involved climbing 3 flights of stairs. I returned to work from a lung heamorrage related to lung condition bronchiectasis that my employer was aware of. On my return to work interview I told them that I was unable to climb stairs and requested to be placed on ground floor. I also requested an occupational health referral. This wasn't actioned and no risk assessment completed. This grievance upheld but I was still dismissed.
A. I’m surprised you were dismissed. Was it for a reason unconnected with your illness? Your condition may be considered a disability within the meaning of the Equality Act. If it is, your employer is under an obligation to make reasonable adjustments to enable you to continue to work.
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