Possible unfair dismissal help.

[stuffthebanks]

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

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

[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]

Having checked, he never received a contract.
His condition leaves him confused at times.
From now on I will oversee any involvement in future employment, make sure he doesn't get taken advantage.

[stuffthebanks]

I wouldn't have thought so,and definitely would not appreciate this done to me.

[Still Waving]

Surely just sending a text message is not a lawful way of terminating the employment of someone on a permanent contract ??

[The Tech Clerk]

A pity that the text message was deleted, it would have been worth keeping. It's a shoddy way to sack somebody in any event, especially for a large company.

might be able to add text messages from their records as well as all mentioned DSAR

I have added to DSAR Request above.

[Still Waving]

A pity that the text message was deleted, it would have been worth keeping. It's a shoddy way to sack somebody in any event, especially for a large company.

[stuffthebanks]

Yes.

https://workingfamilies.org.uk/artic...ccess-request/

"In an employment or workplace context, you may want to make a DSAR to find out more about how you have been treated at work, to the extent that this has been addressed within data about you. For example, your situation at work may have been discussed in emails or meeting notes between your line manager and HR..."

Edit: Has his employment actually terminated now? Being sacked by text message seems "unauthodox", shall we say. Is his employer a company with formal employment and payment processes or a small trader? Was he on a fixed-term contract?

Hi SW,
Getting information from him is patchy, he was diagnosed with ADHD many years ago, he hasn't declared that on his initial interview 9 months ago.
His employment has been terminated, this was by text message from an area manager that has never met him.
He deleted the text because he didn't want my daughter to know he had lost his job.
The company in question is a large service provider contracted by a large supermarket chain.
The contract he had was permanent.
Cheers SW.

[stuffthebanks]

Brilliant advice as always
Thanks to you all
I will keep you updated
Steve

[The Tech Clerk]

Do not await reply but make sure his name is on signature and name address date area:- of the request = get proof posting. keep a file in date order., but get an appeal in straight away.

[The Tech Clerk]

Dear Sirs,


Reference:-



Subject Access Request - S.7 Data Protection Act 1998 - Data Protection Act 2018.


Under the Data Protection Act 1984 and 1998 also 2018 in particular to “Article 15 of the UK GDPR 2021/23


Please supply me with a copy of all information your files held with respect of myself, also with copies of statements hereby made.


Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.


If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. To include any Microfilch records.

This includes and wireless or Text messages originating from your offices.


Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.


If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

You have 30 days in which to comply.

[Pat]

I should have added, if you end up going to ET you are expected to have followed internal appeals processes beforehand

[Pat]

Remember if you want to appeal this must be done within the strict time limits set out by the employment contract. Often 5 days from receipt