Need some employment legal advice please!!!!! think i am going to be sacked.?

I am in the UK.


work for a major international company, i have worked there for 11 months.





i am disabled with a back injury.


fully open with my employer from the start,





was offered job and it was then revoked after they received medical report from my GP.


wrote them a letter asking them to reconsider as it was disability discrimination.





they then gave me the job on a probationary period.


during this time i was off sick due to my disability and they sacked me. i appealed , again on grounds of disbility discrimination and was re instated.





i have again had sickness due to my disability and while off sick have received letter from them inviting me to a disiplinary hearing because of my abscence.


letter states my future employment with company will be decided at the hearing.


i have no disiplinary warnings at all previously.





are they allowed to do this under the disability discrimination act?





if they do sack me will i be able to take any action against them?





thanksNeed some employment legal advice please!!!!! think i am going to be sacked.?
I'm not sure if you've ever actually read the Disability Discrimination Act, because you don't really seem to be familiar with what it says. I've put a link to it below.





In summary, it basically says that you should be treated no less favourably than employees who are not disabled (i.e. you can't be paid less, for example) and that an employer must make any reasonable adjustments for you to be able to do your job. However, going on long-term sick and taking excessive absences do NOT come under this act.





Therefore, your employer is obliged to treat you in exactly the same way as any other employee who might take too much time off, or who may be ill long-term without any hope of ever getting better (at least in the foreseeable future). This means that yes, you can be terminated. It's likely (but not definite) that you'll receive some kind of a pay-off, but since you've been there less than a year and were disabled when you joined then you probably won't get much. You will not be able to take any action against them, since they are completely in the right.





Think of it this way - not only is your employer paying you sick pay, but they're also either paying for a temp to cover your work or having to stress out the other members of your team by sharing your work amongst them. How long can they reasonably be expected to do this? If it doesn't look like you're ever going to get better, then why not nip it in the bud now?Need some employment legal advice please!!!!! think i am going to be sacked.?
as you were off due to your disability and your employer was aware of this from the start they are NOT allowed to sack you on this basis.


hence you would be able to take action against them using the disability discrimination act and the human rights act.
Cari's response is right on, especially when you consider that the employer cannot indefinitely keep you on their payroll when you constantly leave the job due to illness.





Good luck!
I'd strongly advise you involve your union in this matter or you will be easily picked off.





You ARE in one aren't you? : /
firstly im not a lawyer but was a manager and am disabled myself.


you have to look at it from the employers point of view and think how it would look if it went to tribunal.


they employed you even though you have a back problem in order to give you a chance, but since then unfortunatly your back problem has returned ( presuming thats the reason you were off sick) meaning from thier point of view that you seem unable to do the job.


whether you would win a case for disabled discrimination is debateable and to be honest i think you need legal advice from specialist employement lawyer.


sorry if it sounds like i am on the employers side but i am honestly trying to look at how i think it will go.
There is a differnece between being 'disabled', and being 'on sick', an employer has the right to have you at work, if you are not it matters not wether it is because you are disabled or not, the two things will be different in law.


Think about it, employers arent charities, nor social security, they have bills to pay, if you arent working for your money they will wave goodbye, I suggest you get along to the dss, NOT a solicitor.


As an addition to the above, the employer will have had to follow correct procedures before they dismiss you, only you or your legal representative will know if this is the case, and, ok, whilst i am against britain becoming claim capital of the world, there are no doubt plenty of lawyers that will work for free if they sniff a chance of getting a fat pay cheque.