Fired for having anxiety

Burnedtoast

I started my first job early October, I wasn't given trainining when I started, I was just kind of thrown into the deep end.
This triggered my anxiety major but I fought through it. I was hired to work at the cosmetics counter in a pharmacy. This week they told me they wanted to switch me to over the counter medicines on the weekends, but this caused me to get so stressed I would literally cry the night before I had to go in, I never let it show in work and always did the job I was given no matter how bad it made me feel.
I went to the doctor 2 days ago and she said my blood pressure was through the roof because of the stress I'm putting myself through, and that I should approach my employer and explain that I want to be put back down to cosmetics because being up at pharmacy is causing too much stress.
I went to work today and told my boss about the doctors and that I would do anything else she wanted including stocking the floor for the pharmacy if I could just stay off the pharmacy till u till my anxiety tablets kicked in, about a week or two. She seemed really annoyed no matter how much u apologised for being a pain.
Later on she called me in and said they Wernt going to continue the probabation period and I was being fired because of my anxiety and tried to make it out that they think it is in my best interest.

Can they do this? I know I was still in probation period, but I literally worked so hard and got fired because I have anxeity? Of course I'm stressed in a job they didn't even bother to train me in, it sucks

jimmycrackcorm

Yes they can because A. you are on probation and B. you are not able and fit for the job.

Paz-CCFC

jimmycrackcorm wrote: »

Yes they can because A. you are on probation and B. you are not able and fit for the job.

There's nothing in the OP's post that suggests she was not fit and able for the job. She said that she would drive on through the work, but would breakdown then at home. The employers did not seem to have a problem until after she told them of her health problems/doctor's advice. Probation isn't a carte blanche to do what you want - you still have to abide by certain employment legislation.

If the employers dismissed you due to your health problems, then it may be in breach of the Employment Equality Act 1998 (as amended by the Equality Act 2004) under the disability ground. Under the Unfair Dismissals legislation, you would have to have 12 months continuous employment to make a claim after being dismissed, but dismissal based on the nine grounds is always prohibited (automatic unfair dismissal) and one can take a claim no matter how short their employment has been and regardless of any probationary period.

There are objective justifications for discrimination (see the Lufthansa case for the criteria; in one ECJ case, a retirement age of 55 [age discrimination] for a helicopter winch-man was held to be justified, due to the high physical demands of the job). But, in a case like yours, the employer's attitude considering the pressure the job put you under and their lack of willingness to move you to another duty, even temporarily (you only asked for two weeks) is concerning, I think.

You can't request legal advice on here, so this forum is only limited in what it can do. I would suggest seeking the advice of an employment solicitor, who would be able to advise you on what courses of action you can take.