Job loss due to Medical Condition

[dinga]

My Daughter suffers with Syncope (blood pressure drops for no reason and she passes out) She gets signs and symptoms before it happens and by taking a few steps, it stops her hitting the deck. She simply needs to sit down for a few minutes and sip water. She recently started a hairdressing apprenticeship and the owners were made fully aware of the condition up front. Twice this week, my daughter had signs and the girls she was working with told her to go and take a couple of minutes to stop the full thing happening. She went to the staff room for a couple of minutes to sit and drink water and went straight back the shop floor. Yesterday after working all day, she gets handed a letter saying they are letting her go because of he EXTRA breaks and he hasn't got the stamina to be a hairdresser and that her illness is a liability to the salon. She is distraught to say the least. Her probation period was 12 months, working 40 hrs per week and one day at college. Can they do this? Thanks for any help.

[furrypusscat]

If she is being discriminated against due to her illness, then I would think they are wrong. However, if she would be a danger to herself or others if she was to faint outright, then they may be in order to do so. As she is on probation for a 12 month period I suppose technically they can give notice. I would suggest she has a word with citizens advice or the job centre to see what her rights are. I wouldn't have thought that they could use the extra breaks for a medical reason as their excuse to dispense with her.

[furrypusscat]

You may get more responses if you enter this in either the 'jobs' or 'law' sections.

[ojread2]

Yes, I believe they can
If you look at it from the POV of the salon, they work with hazardous chemicals and sharps.

Does the letter say exactly that? Extra breaks due to her condition?
You *may* have some protection for the disability, but it is unlikely using the equality rules
http://www.direct.gov...Dismissal/DG_10026619

You'll find all the help and information you need in the link

[factor-fiction]

I don't think that 'being on probation' is relevant here- employers can dismiss anyone for almost any reason within the first 12 months. One of the reasons they can't give is disability, but it isn't clear to me whether that applies here. It's worth her asking at CAB though

[Bstard]

Yes they can but what a reason, they are so insensitive but they can argue that if she fell she could fall on something sharp or even injure a customers or one of her work mates.
I feel very sorry for the girl, but so bad to have done it the way they did.
Good Luck

[wildwood]

Sorry, but I don't think we are getting the whole story here.