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Employment Law / Mentor


prishan
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Hi All,

I am looking for a mentor who can explain about basic law of employment.

I want to know about point of law in very simple term with example (case law)

 

I want to know about error of law in very simple term with example (case law)

 

when a employer dismissed a employee with knowledge of disability on

ground of capability but after dismissal if found by regulatory body that claimant has no professional incompetence then based on new evidence what will be the case ?

Is there any effect of fresh evidence in the court of appeal ? now respondent argued that when they dismissed the employee in that moment they have no knowledge of fresh evidence so they are not guilty of any discrimination.

 

my understanding that when a employer is going to dismissing a disable

employee (with knowledge disability)they should more careful than non disable employee..isn't it ?

it would be highly appreciate if you could answer my question..please help me out :???::

thanks in advance

regards

P

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ACAS are worth contacting for information.

 

http://www.acas.org.uk/contact

 

There are Solicitors out there who will take on work on a free basis, so it may be worth enquiring locally. Any disabilities charities locally that can help ?

 

I don't think anyone who posts on CAG will have the specialist knowledge you are seeking. Employment law is not that straightforward. My basic understanding is that if a company is aware of an employees disabilities, they should work with them to ensure that they receive any reasonable assistance to perform their employment role. This may mean adaptations to any equipment they use, allowance for regular breaks in accordance with medical advice, allowance for some extra time off work under medical advice. It is about treating them fairly and not discriminating against them purely in relation to any disability. If there are concerns that they are unable to carry out their employment role, it is then necessary for the line manager to work with them and to document steps to be taken to help them. If at the end of a proper process it is not possible for an employer to offer continued employment, then they can cancel their employment contract. But this is very complicated and companies would normally obtain legal advice before they take this action.

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ACAS are worth contacting for information.

 

http://www.acas.org.uk/contact

 

There are Solicitors out there who will take on work on a free basis, so it may be worth enquiring locally. Any disabilities charities locally that can help ?

 

I don't think anyone who posts on CAG will have the specialist knowledge you are seeking. Employment law is not that straightforward. My basic understanding is that if a company is aware of an employees disabilities, they should work with them to ensure that they receive any reasonable assistance to perform their employment role. This may mean adaptations to any equipment they use, allowance for regular breaks in accordance with medical advice, allowance for some extra time off work under medical advice. It is about treating them fairly and not discriminating against them purely in relation to any disability. If there are concerns that they are unable to carry out their employment role, it is then necessary for the line manager to work with them and to document steps to be taken to help them. If at the end of a proper process it is not possible for an employer to offer continued employment, then they can cancel their employment contract. But this is very complicated and companies would normally obtain legal advice before they take this action.

s

Dear unclebulgaria67 ,

thank you very much for your kind information, really appreciated . In our case things happening differently ,ET's judgement was that he has disability but they believed claimant has incompetent so they were dismissing him incompetency ground but later on assessment report was reviewed by regulatory body ,they confirmed that report was insufficient to prove that he is not fit for the role ,they completely given him clean chit , now the council (respondent) is saying that time of dismissal evidence was not there so the employer is not guilty .but my question is if any criminal case if murderer found that an evidence that he did not do the murder later on then what happen to the judgement ? it will be reverse or stay (the old judgement) because the time of judgement fresh evidence was not there ! sorry if i make u confused ,I know criminal and civil both have two different issue of law. but thank you so much for giving me a reply ... i feel there are actually some one who care for others! regards ~p

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