Can My Probationary Contract Be Terminated Due to a Broken Leg in the UK?

Question from Ai, Can My Probationary Contract Be Terminated Due to a Broken Leg in the UK?

Answer from AI:

In the UK, employment law provides certain protections for employees, including those on probation. However, the specifics of your situation can greatly affect your rights and potential remedies.

Understanding Probationary Contracts

Probationary contracts are often used by employers to assess a new employee’s suitability for a role. During this period, employers can terminate the contract with less notice than would be required for a permanent employee. However, this does not mean that they can dismiss you unfairly or discriminate against you.

Disability Discrimination

Under the Equality Act 2010, it is unlawful for employers to discriminate against employees because of a disability. If your broken leg is considered a disability under the Act, your employer may be required to make reasonable adjustments to accommodate your condition, such as allowing you to work from home or modifying your duties. If they fail to do this, or if they dismiss you because of your disability, this could potentially be considered disability discrimination.

Unfair Dismissal

While employees generally need two years’ service to bring a claim for unfair dismissal, there are some exceptions. If you are dismissed for a reason related to a disability, this could potentially be considered automatically unfair, and you may be able to bring a claim regardless of your length of service.

What Can You Do?

If you believe you have been unfairly dismissed or discriminated against, you may want to:

1. Seek legal advice: A legal professional can help you understand your rights and potential remedies.
2. Contact ACAS: The Advisory, Conciliation and Arbitration Service (ACAS) offers free, impartial advice on workplace rights, rules and best practice.
3. Consider a tribunal claim: If you cannot resolve the issue with your employer, you may want to consider bringing a claim to an employment tribunal. Note that there are strict time limits for doing this, usually three months less one day from the date of dismissal.

Please note that this information is a general guide and may not apply to your specific situation. It is always recommended to seek legal advice for your individual circumstances.