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View Full Version : My can stacking days are over.But can I sue them?


six_personalities
09-16-2004, 05:13 AM
Yep I wanna leap on the suing bandwagon.I have for the last two months been working stacking at the local supermarket.Hey not thrilling but 5.60 an hour isn't bad and I can move up into management.
Now they've dismissed me.
I have an illness called Asperger's syndrome.Every now and then I have panic attacks and disorientation.I need regular breaks and cool conditions.This was all explained to them at interview and on the application form.They offered me the job.One of my starts was at 7am which meant getting up at 5.45am.This meant not much sleep which didn't help my illness and one morning I keeled over in the kiwifruit and had to be removed from the building.
My absence level was almost at the trigger of 3% but this was only two days in two months and one of them was the kiwifruit incident.They have told me that if I am to stay,I need perfect attendance for the next 26 weeks.They have told me they are unable to alter my shifts,that I could not take the breaks I needed or raise the trigger level for my absence.I asked for some different work or shifts but there were none available.
Since this is a disability which I told them about at the interview and on the application form,surely if they offered me the job then they must be prepared to agree to my requests.Since I'm now having to leave due to my disability,surely I have some sort of claim for unfair dismissal?

(The kiwifruit are reasonably well,unbruised and untraumatised)

friedo
09-16-2004, 06:04 AM
I know nothing about labor laws in the UK, but if you need to get up at 5:45 to start your shift then it's your responsibility to go to bed earlier.

swampbear
09-16-2004, 08:07 AM
six_personalities here in the US you would be protected under the Americans with Disabilities Act and would have a good chance of being reinstated because the employer failed to provide reasonable accomodation. Does Great Britain have a similar law?

six_personalities
09-16-2004, 08:43 AM
Yep we've got the Disability Discrimation Act.And the fact I'd specified that 8am was the earliest I could work on my applicaton should help.I've got the union bods to help me(even though I've only paid them one week's fee so far) and I'm sending a letter in to the employers.My only problems are a)they said that unless you continue work without sick days we can't employ you and I agreed that I couldn't do that,so they may claim I voluntarily resigned b)I've only been there 2 months c)If they agree to give me my job back,I'm stuck where I was in the beginning...