Would this be unfair dismissal?

I love angels

Hi everyone,
I was just wondering would it be unfair dismissal if someone was fired for not mixing with the others in his/her job especially if this person has an Autistic Spectrum Disorder? What are the laws regarding Autistic Spectrum Disorders and Employment in Ireland and what are the new laws that they wanted to introduce this year regarding this?


Thank you

SB2013

Disability is one of the grounds on which equality protection is provided. The issue is wether the Autistic Spectrum Disorder is classed as a disability. Wouldn't know enough about it to hazard a guess. You also have to consider the nature of the job. If your job is one that requires you to work with a team and you have a disorder which prevents you from doing so then that would have to be considered too.

LowKeyReturn

You would also have to consider length of service. Although unfair dismissal is unfair dismissal recourse through the Employment Arbitration Tribunal may not be an option. I assume this is a hypothetical as per charter. On the off chance it isn't consult a solicitor my advice is usually wrong.

Cody Pomeray

Firstly, the individual concerned should request a written explanation for the dismissal, and thereafter establish that they are broadly eligible for taking an unfair dismissal/ equality case.

To establish eligibility, the individual should get in touch with a private solicitor, or one of the solicitors offering their services free of charge via the Citizens' Information Centres, many of whom have specific expertise in Employment Law.

This legal advice is important because

1. There are a number of important, automatic limitations with respect to Unfair Dismissals cases
2. There appears the applicant may have to choose between pursuing an unfair dismissals case (Rights Commissioners/ EAT) and an equality case (goes to the Equality Tribunal). Applicants taking discriminatory dismissal cases can elect to have the case heard by a Rights Commissioner, so this is a decision that has to be made on a case by case basis. I don't know which tends to produce more desirable outcomes.
3. There is a very visible link between legal representation and a desirable outcome from the point of view of the employee. Despite the fact that these institutions were supposed to be accessible to workers with no legal background, the evidence now shows that those who take employment claims with legal representation are (i) more likely to win their case and (ii) more likely to receive compensation.

Finally, the individual should look into this as soon as possible, because there are important time limits in respect of taking certain claims. I have heard of cases where after a traumatic experience like a dismissal, an employee initially decides to put it behind them and get on with their life, and when the dust settles they regret not having taken a case, and by then it is too late.

So any individual in this situation should contact their local Citizens Information Centre, or a private solicitor, because legal advice is particularly important in cases of this nature.

MaryPopins

-This is not legal advice-

The above advice regarding seeking legal assistance is essential. Employment disputes are rarely straightforward. There are many 'objective justifications' for employers in firing people. As such, with such limited facts on hands it's impossible to say if a claim lies.

If the cost of engaging a solicitor is a barrier find one with no consultation fee. This will leave you in a better position as to knowing whether or not you have a good claim.

If any claim exists, it will come under the Employment Equality Acts and will be brought before the Equality Tribunal (although it can be brought directly to court). Taking to the tribunal is far more informal and straightforward than court.

It is important to take note of the above advice regarding the time limits and act promptly.

It is also very important to mitigate losses by seeking alternate employment as soon as possible. Genuinely actively searching will suffice.