Employment Tribunal DDA

[Galway Girl]

Hello I need your advice again....

Briefly - partner has an Employment Tribunal complaint lodged for Disability Discrimination/failure to make reasonable adjustments. Been unable to work because the failure to make adjustments caused an accident and aggravated the disabilty preventing partner from returning to work.

Been on longterm sick - no prospect of returning in the near future and Employer looking to dismiss under capability rules.

The options as the Employer offers are:-

12 weeks notice of termination with pay
Full or Partial ill health retirement
Voluntary Early retirement with Voluntary Redundancy

The voluntary redundancy is the same package offered to everyone else at the place of work and and a number have already taken it with early pension. However, the only way my partner can take this option is to sign a Compromise Agreement and agree to drop the ET DDA claim. Now the redundacny package offered to my partner is no better than anyone else (i.e no enhancement) and clearly not in our interest. Therefore, my question is surely by asking for the signing of a compromise agreement is once again less favourable treatment/further discrimination for a reason related to disability and the pending DDA case. I believe it is victimisation but I would welcome your thoughts and views. No one else that took redundancy was asked to sign a compromise agreement!!!

[old_andrew2007]

bump

[Galway Girl]

What is the process when asked to attend a Capability Disciplinary meeting? i.e is it a hearing where you can request more time or make suggestions for ways to get you back to work or is it a foregone conclusion that they are going to sack you if you do not resign voluntarily on the day??

Another hypothetical question.

If employee has no option but to return to work because the other options available are not financially viable and health situation is looking brighter because of new treatment available on the market. Provided employee gives a return to work date at the Disciplinary/Capability meeting can the employer still go ahead and sack under capability.

Just brainstorming - would appreciate your views as its all a bit complex for me!!

Thanks G Girl

[Galway Girl]

Hope you can help..... the saga continues...

Complaint lodged with ET for discrimination and failure to make reasonable adjustments etc. and also personal injury claim in progress for injury caused as a result of the failure to make the requested reasonable adjustments. Future losses will be significant as the ability to return to work is diminishing because of health situation and ill heath retirement is approx 50% of previous earnings.

Trade Union would prefer that the Employment Tribunal case is dropped in favour of the personal injury claim!! Their opinion is that damages awarded at County Court for loss of pay and future earnings are far higher than at Employment Tribunal.

Now call me a cynic but I am suspicous - I know the Personal Injury claim is on a 'no win no fee' basis and therefore costs can be awarded by the other side. However, at the Employment Tribunal the costs have to be paid for by the Union. Plus by not going to Tribunal the Company are effectively being let-off for the failings and the Insurance Company are carrying the can.

Is there any truth in the arguement put forward by the Union that it is better to deal with this as simply a personal injury claim. Or will they (Union and employer) be 'better off' by this arrangement??

Has anyone else had a similar experience?

Hope to hear from you

GG

[djgordyp]

Of course the union would prefer the personal injury claim. Have read of the thread entitled Unions, in this section.
You may or may not get more from a personal injury claim. But if you can get boh then why not'