We wish to dismiss a probationer (of 15 months) as the have failed to reach the standards required regarding timekeeping and work-rate. However he has appealed against this decision by claiming that he has reason to believe that he has ADHD and is currently seeking diagnosis of it from a doctor.

I understand it could take several months for diagnosis to be confirmed, and the probation will have finished before then. If we go ahead with he dismissal and the employee is then confirmed to have ADHD, would the employee be able to take us to tribunal on the grounds that he had already made us aware that he was seeking diagnosis for a disability before a final decision had been made?

Craig Holmes