Unfair dismissal?

One-in-a-millionOne-in-a-million Posts: 423 Rampant Poster
 I’m feeling a tad confused about what happened when I was dismissed from my job. Everyone is saying that what they did was wrong and essentially illegal. Can someone help confirm this for me?

so I worked in a nursery (on a temporary contract.) for just over 5 months.

during the interview they were made aware of my epilepsy and I explained in as much detail as I could what happens during these.

”During a seizure I feel spaced out and get a numbing sensation in my left hand. I’m aware of my surroundings and stop what I’m doing by choice in order to allow it to pass. I very rarely get confusion and if it does occur it only lasts for seconds and I can continue as normal after the seizure. I do not require any after care.”

I was told to keep them updated about any medication changes and any seizures I experienced in work or at home. I experienced one while on my break (unwitnessed.) I notified my manager and went back to continue my roll. Within the hour I was sent home as a precaution, I did tell them I felt fine and that I was able to continue working my shift but was still sent home.

a month later I had called in sick as I had got a stomach bug. While of (48 hours) I experienced 5 of these seizures in 1 day. 

On returning to work I notified my manager and carried on as normal. I was then on holiday for 1 week. When I returned I experienced an abnormal seizure while in the presence of other members of staff while having my dinner break.

I was aware of the situation and my surroundings, but I experienced hand shaking and it took me a few times to respond to the lady who was looking after me. She had timed it and it lasted 2-3 minutes.

 After it had gone I went into the office with the manager and deputy manager. Who explained that they didn’t want to discriminate but they were worried about my condition and how it could effect the children in my care if I had a seizure while carrying a child or changing a nappy. It would also mean I wouldn’t be allowed to be left alone. I was asked if the stress could have been a trigger and I agreed that stress can trigger my seizures. I felt embarrassed by what had happened and couldn’t exactly disagree with what was being said due to this being a new seizure and not knowing 100% what was happening. (My normal seizures would have given me no cause for concern.)
We agreed that it is best that I leave as my contact was only temporary maternity cover and that they would pay me for the week.


My friends and family have said that this is unfair dismissal as they were made aware of my epilepsy before I started to work there. 

I don’t really know if it is unfair or not as I can see why they would be concerned about the children’s safety and it’s unfortunate they they had witnessed an abnormal seizure  
(I hadn’t experienced this type before.) 
compared with my normal seizures. I don’t want to take any further steps in this matter in any legal terms. But I’m questioning myself as to wether it was unfair dismissal or not. 

Comments

  • kathleen0172kathleen0172 [Inactive User] Posts: 1,456 Fanatical Poster

    Sorry to hear about what happened x How are you feeling about this?

    From my point of view, I understand their concern, and they were probs doing what they thought was best. But I also understand how it could be unfair, given how you warned them from the start.

    Idk if it would be illegal or anything - I've found a few links just in case they could help: here  here

    <3





  • StephanieStephanie Posts: 217 Moderator
    Hey one in a million,

    Sounds like your going through a difficult stage at the minute, sending hugs :heart:

    https://www.citizensadvice.org.uk/work/leaving-a-job/dismissal/check-if-your-dismissal-is-fair/

    ^^ Has some really good information which may be worth looking at. 

    Hope this helps, remember we are here for :heart:

                                   "Happiness can be found even in the darkest of times if only one remembers to turn on the light" 

    - Albus Dumbledore 
  • One-in-a-millionOne-in-a-million Posts: 423 Rampant Poster
    I think my problem is that I can see it from their point of veiw in terms of safety. I won’t lie and say I’m not gutted out loosing my job as I am but I was 100% happy where I was to be honest. In my veiw they dissused their concerns with me and I agreed so in an informal way I suppose I agreed it wasn’t safe as they were saying they didn’t know what to do next and again I agreed. I explained this to others who have said “but it’s still unfair.” 

    It’s all very confusing really but I suppose in a way it was the best option as I need to get my epilepsy under control. I just worry about how this is going to effect me in regards to getting another job in a nursery. It was hard enough getting this job never mind a new one. 


    Nursery managers seem to cringe at the word (epilepsy.) which I think is why I struggled to get a job in the first place. I know people can’t discriminate but they stil do and just give you another reason for not getting the job. I find very often they are reluctant to give feedback and are either conveniently not in the office any time I call or can’t give me an answer.

    maybe I’m looking into it too hard it’s just the vibes I get, everything goes great until that is mentioned.
    kathleen0172
  • JellyelephantJellyelephant Noob Posts: 534 Extreme Poster
    Im not 100% on this but i think if your condition is covered by the disability act - they have to make reasonable adjustments (so extra breaks etc) if needed. However I think that possibly the issue is that they feel the childrens safety may be at risk due to the change in your seizures and that could be the thing that allows them to dismiss you. It may be worth checking with citizens advice but that is just my thoughts on the matter. 
  • lymo227lymo227 Posts: 10 Fast Newbie
    i am very sorry to hear this
    i do not know law
    but is it possible there are other duties you can do "resonable adjustments"?
    so maybe you cant hold children but there are other duties to do at the nursery?
    i hope this gets fixed and you are happy with the outcome
    One-in-a-million
  • One-in-a-millionOne-in-a-million Posts: 423 Rampant Poster
    Thank you guys Xx From what I have been told and from speaking to other nurseries what they did is “unfair dismissal.” 
    1. They knew about my disability 
    2. My epilepsy isn’t the type that would effect me doing my job any differently to anyone else
    3. The seizure they witnessed was “unusual” for me and I wasn’t given the opportunity to have it investigated.

     I have got a new job now and I feel much more settled and they are fully aware of my epilepsy and have asked questions about how best to support me. Like I have told them there isn’t a lot to be done, I don’t loose awareness or become unconscious the only thing I do experience apart from sensory related symptoms is I sometimes have a few seconds where I may forget what I was actually doing at the time.

    they seem happy to allow me to continue as normal. I did experience 1 last weekend and mentioned it to the manager. She could tell I was worried about telling her (due to loosing my last job because of it.) but just smiled and said “It’s ok, just let the other staff in the room know.”

    I decided not to take things further with the other nursery even though a lot of people told me to as I don’t want to make a fuss.

    thanks Xxx 
  • StephanieStephanie Posts: 217 Moderator
    Hey one in a million,

    It's really positive to hear that you've got a new job now and are more settled, and they are supporting you :heart:

    It sounds like you're much happier, so happy for you :heart: :smile:

                                   "Happiness can be found even in the darkest of times if only one remembers to turn on the light" 

    - Albus Dumbledore 
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