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Post by nath123 on Jul 10, 2012 14:10:34 GMT
Hi all, Today I was dismissed from work for a typical impulsive moment (fellow ADHD will understand) I work at a local adventure park and I was stationed on a large climbing net. Following 8months of hard work with multiple positive feedback from customers I did a typically adrenaline/attention seeking thing involving me hanging (full safety equipment) upside down off the top. My boss saw a photo on Facebook and decided to haul me in for a disciplinary where he dismissed me on the grounds of "breach of health and safety" I am sure many of you have done impulsive things like me but I was surprised when fired after no previous misdemeanors. My manager made reference to wether "ADHD exists or not" (negative implication) it wouldn't cause me to be stupid? Any advice on what to include in an appeal? Many thanks
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Post by howardh on Jul 11, 2012 6:43:18 GMT
There's a legal case for disability discrimination here if the employer refuses to acknowledge that ADHD exists, particularly if you'd already made them aware of the diagnosis and they didn't help to look for reasonable adjustments that needed to be made to make sure you could do the job. Arguably, if they knew you had ADHD and you did something that put yourself at risk on-site, it's their health and safety issue, not yours.
I'd say it would be a good start to talk to the CAB or somewhere like that to get advice on how to stand your ground on this.
Good luck!
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Deleted
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Post by Deleted on Jul 11, 2012 12:43:35 GMT
From your account it sounds a tiny bit iffy - if you were wearing full safety equipment were you putting yourself in any danger?
It also depends on what your contract says and any interpretation of that.
Take advice.
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Post by claudhopper on Jul 18, 2012 21:04:26 GMT
It isn't much to go on. Did they sack you for breaking work rules? Did you put others at risk? It is worth putting in a claim (it's still free at the moment) on the grounds that they didn't make reasonable adjustments for your ADHD ie your impulsiveness and claim that they went OTT and could have given you a written warning instead. remember you have 3 months to put the claim in (try not to procrastinate! ) here is the form: www.justice.gov.uk/downloads/forms/tribunals/employment/ET1.pdfAlso consider sending a disability discrimination questionnaire www.practicallaw.com/4-203-9089This is my specialist area, (and I'm not spamming) if you have any problems pm me.
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