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Elly
15-07-13, 11:18
Hi,
As a new member I know this really is a case of 'in at the deep end', but I need some help and where better to start.
My eldest son has been working for a company for nearly 9 months now and they have repeatedly extended his trial period. He had a week off for the flu at the beginning of the year and only other time off has been due to his mental health disability. He comes in the top 10% for productivity etc at work and gets good bonuses because he works hard. However, they are saying his time off is more than 3.5% and they are now threatening to dismiss him because of his fragile state! They're using the time off he had due to the flu to try and get around the true reason.

Surely this comes under discrimination? They are saying that as he is still in a trial period they are within their rights to dismiss him?
He has been unemployed before, after being made redundant and spent many months looking for a new job. He had great references and the line manager where he works now already knew him. He did not put his mental health issues on his application in fear of not getting a job, but told them afterwards.

What can I do to help my son? He is in a terrible state as this is making his health worse. Apart from the fear of loosing his job he worries it will cause a major breakdown and lead to him needing inpatient treatment.

Any help or advice would be so much appreciated.
Many thanks
Keep smilin
Elly

Kodiak
15-07-13, 11:27
I would go to CAB and ask them for help as they will have contact for an employment expert.

Elly
15-07-13, 11:30
I would go to CAB and ask them for help as they will have contact for an employment expert.
Thank you Kodiak, I will get him to go and speak to them.
Keep smilin
Elly

Account removed
15-07-13, 15:20
No sadly because he's on a trial and because he's only worked 9 months they can dismiss him without giving a reason.

vikstar
17-07-13, 09:31
There is no minimum time limit that an employee must have worked for an employer with respect to a Disability Discrimination claim.

I have successfully helped people with DD claims against employers where they have worked for them for a very short time, and in other cases where DD occurred in the selection process, and they had not even started working for them.

The first hurdle is prove that you fulfill the definition of a Disabled Person as laid out under EA2010.

https://www.gov.uk/rights-disabled-person/employment

sea queen
07-08-13, 15:28
I am sorry about this and cannot offer help /advice but this goes on with the abled population as well.
Doesn't make it right though