TT – Dismissed with Less than 2-years’ Service (Discrimination)
TT was dismissed after requesting reasonable adjustments.
She had some physical injuries that amounted to a disability under the Equality Act 2010.
The adjustments she requested were a better chair and a standing desk.
When dismissed, she did not receive the notice pay she was contractually entitled to.
Less than 2-Years’ Service
TT had been employed for less than 2 years, which meant she could not claim “ordinary unfair dismissal” (you can only make this claim if you have been an employee for at least 2 years).
For this reason, TT initially had a 30-minute telephone consultation with us, which was used to determine if there were any potential claims not requiring 2-years’ service.
During the 30-minute consultation, we were able to identify disability discrimination claims that did not require 2-years’ service.
We also identified a clear shortfall in her contractual notice pay.
After the 30-minute consultation, we were instructed to take steps to obtain TT compensation from her ex-employer.
We wrote to TT’s ex-employer setting out the merits of her legal claims and the potential consequences if these were pursued. This enabled us to enter negotiations with TT’s ex-employer and we secured a compensation payment for TT.
TT’s story illustrates the importance of holding employers to account and taking the appropriate action can result in compensation. All is not lost for all employees that are dismissed with less than 2 years’ service.
We would like to thank TT for her review below and for allowing us to publish her story above.
This article is for information purposes only. Nothing should be relied upon as a substitute for legal advice and nothing written should be construed as legal advice or perceived as creating a lawyer-client relationship.