Possible unfair dismissal help.

[stuffthebanks]

Hi All,
I did request any text or phone calls made between employee and employer, in addition any communication between the supermarket and the employer that involved information passed between both parties regarding employee.
Because no contract has ever been given, nothing at all.
I think they comply with informed in writing, applies to text message.

He has had contact from his employer today confirming an appeal hearing, which involves him having to travel quite a distance, he doesn't drive, or by video call.
It would have to be by video call, and will need some careful thought into preparing him for this.
His ADHD causes huge anxiety so need to write down questions for him beforehand.
I will also be with him for video call..

Steve

[stuffthebanks]

Just a thought......
But with nothing given with regards to employment contract, and no questions were asked during interview with regards to any existing medical conditions, I'm thinking this should be part of the appeal, and would this then not go into the disability discrimination territory.
Its obvious they would not be aware of this condition, but they never asked.
Just a thought

Steve

[Still Waving]

Just a thought......
But with nothing given with regards to employment contract, and no questions were asked during interview with regards to any existing medical conditions, I'm thinking this should be part of the appeal, and would this then not go into the disability discrimination territory.
Its obvious they would not be aware of this condition, but they never asked.
Just a thought

Steve

Best to steer clear, I think. However, be prepared in case the conversation goes into this area (eg "Why are you sitting in?") Just a quick google produced these snippets:


Can employers ask questions about my health during the interview process? Employers can not ask about a candidate's health during the interview process, unless it's to see whether any reasonable adjustments need to be made during both the interview process and potential future employment.4 Apr 2023
https://ingeus.co.uk/resources/blogs...bout-my-health


An employee or job candidate is not legally obliged to mention any medical condition, whether mental or not to an employer. Mental illness in particular is a very personal thing and it can be difficult to talk about even to your nearest and dearest, let alone an employer.
https://www.lawcare.org.uk/get-infor...the-workplace/


What if my employee does not provide information about their condition?

There’s a difference between not providing information and actively lying about a condition. If an employee doesn’t provide information about a health condition, then you might make decisions about their employment without the benefit of that knowledge. Equally though, you won’t be under an obligation to make any reasonable adjustments for a disability if you didn’t know and couldn’t reasonably have been expected to know about their health condition. That said, whilst an employee may not disclose a condition at the outset, if you become aware of one later, a duty to make reasonable adjustments could arise at that point.
If the employee has lied about their condition, you could argue there has been a breach of the duty of mutual trust and confidence and potentially some dishonesty. The employee could be disciplined and, in some circumstances, employment could be fairly and lawfully terminated. The challenge for you as the employer is determining if the lie could justify termination and ensuring your actions are not discriminatory.
https://howarths-uk.com/2021/02/23/w...cal-condition/

[stuffthebanks]

Cheers SW
brilliant information mate.
All helps.
Thank you for taking the time to post this.
Steve