Court of appeal overturns High Court employment probation unfair dismissal decision

[@jn6746]

Hello there, does the employer have to provide evidence that it is related to performance in this instance? Eg, show that targets were missed. My partner recently was dismissed during their probationary period when they asked for accommodations to be made at work, but they have a protected characteristic (disability). The employer listed it is "performance based" but there is no evidence of this. There was no prior evidence that their performance wasn't suitable prior to their dismissal - no conversations or meetings were held to discuss the matter and there were no prior performance reviews. There were no targets for performance clearly set out.

[@terrygorry]

There is generally no difficulty terminating during or at the end of probation

[@jn6746]

@@terrygorry Even if the dismissal happens right after disability accommodations are requested?

[@terrygorry]

@@jn6746 It depends on all the circumstances, timing, any difficulties with performance up to that point, being able to prove discrimination (if that is what is being claimed)

[@lilmizzije]

If I’ve been dismissed and I believe it’s because of a protected characteristic what type of evidence do I need?

[@terrygorry]

Any type of evidence is good. Hunches and feelings🤔 Not so much.

[@lilmizzije]

What if i was treated differently in contrast to other colleagues and my manager used micro-aggresive language towards me? I was terminated yesterday and have not received a termination letter therefore would it be best to contact HR to challenge my termination ?@@terrygorry

[@lilmizzije]

if I have voice recordings of meetings regarding my performance whereby it was expressed that I am performing well. Although this is a GDPR breach does this override discrimination law (Equality Act of 2010)? @@terrygorry

[@rhondahale007]

Question- What if in the company handbook it states that during probation the disciplinary procedures will apply?

[@JacquelineTurnage-vq3rr]

Not my channel😀😀😀😀😀😀😀