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    They didn't have to give her a reason to sack her, just whatever notice was on the contract that she signed when she started working there. Bit odd that they would give a reason like height though, surely she hasn't got shorter since she started working there!?
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    Solution: Other workers give her a piggy-back to reach the bread. :yes:
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    Wow, employers are dumb. Why would you give a reason like this for letting an employee go.

    Off the top of my head, if she needed to be a certain height to fulfil the job, and no reasonable adjustment could be made (e.g giving her a stool or moving her to another job role) then I can't see a problem. As far as I know height alone doesn't count as a physical impairment under the DDA '95.

    I'm sure jacketpotato will come along and correct me soon, through
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    (Original post by simon12345)
    Surely they should have thought about that before they employed her? She hasn't suddenly shrunk since she was interviewed and given the job. And surely they should provide her with equipment that will allow her to fulfil her job properly e.g. foot stall?
    you say she's been there less than a month
    maybe they were hoping something would work out where she doesn't need to slow things down and get people to get bread for her!
    but then they realised there is no way out...

    in any case, you can complain
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    lol heightist
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    (Original post by Smtn)
    Wow, employers are dumb. Why would you give a reason like this for letting an employee go.

    Off the top of my head, if she needed to be a certain height to fulfil the job, and no reasonable adjustment could be made (e.g giving her a stool or moving her to another job role) then I can't see a problem. As far as I know height alone doesn't count as a physical impairment under the DDA '95.

    I'm sure jacketpotato will come along and correct me soon, through
    Indeed the DDA won't help. Something could tenuously be fudged wrt indirect Sex discrimination but would largely fail. Wrongful dismissal is a possibility.
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    (Original post by Prudy)
    Indeed the DDA won't help. Something could tenuously be fudged wrt indirect Sex discrimination but would largely fail. Wrongful dismissal is a possibility.
    It's arguably indirect sex discrimination yes, but meh
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    Unfortunately I don't think there is an awful lot you can do. You can't claim unfair dismissal unless you have been employed for a year.

    However, she may have a claim for wrongful dismissal. Essentially, this means she was immediately dismissed without being given notice. If she has worked for them for at least one month, she is entitled to one week's notice. If this notice was not given, she is entitled to her average weekly pay for that period.

    If this is the case, she should contact the employer in writing and ask for her "Payment in lieu of notice". If this isn't given, its a relatively simple to bring it before an employment tribunal - they are very informal, you don't need a lawyer. Whether she can be bothered with this for the sake of one week's pay is another matter.

    An interesting point above is raised re: sex discrimination. However, whilst wrongful dismissal and unfair dismissal are relatively straightforward, discrimination cases are very complicated. You could threaten the employer with a discrimination action if they don't pay you your notice pay, but it wouldn't be worth litigating (even in person without a lawyer at the employment tribunal).
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    (Original post by Smtn)
    Wow, employers are dumb. Why would you give a reason like this for letting an employee go.

    Off the top of my head, if she needed to be a certain height to fulfil the job, and no reasonable adjustment could be made (e.g giving her a stool or moving her to another job role) then I can't see a problem. As far as I know height alone doesn't count as a physical impairment under the DDA '95.

    I'm sure jacketpotato will come along and correct me soon, through
    No, this is right :P I doubt whether height would count under the DDA
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    Unfair dismissal is not open to her since she does not begin to pick up employment rights until she has been employed for a minimum period of 12 months. See section 108(1) Employment Rights Act 1996 and Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 1999 (SI 1999/1436). This country maintains a 'flexible' (exploitable and easily sackable) workforce!
 
 
 
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