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Everything posted by prishan

  1. @HB Just to add to my previous post. My friend has a disability recognized under DDA and diagnosed by medical expert in the relevant field. She thinks she is entitled to full sick pay as a readjustment. This has been established in the case law Meikle vs Nottinghamshire. Furthermore, she herself asked the employer time and again to make readjustments and return her to her contracted position what they were trying is forcing a demotion and willing to make any readjustments to the demoted post. that's clearly unlawful. it is they are demoting her due to her disability.They just dragging their feet instead of resolving the issues lawfully apparently in order to cause detriment and aggravate her plight. They admitted there are outstanding issues but continue to pursue a wrong course action that if she complies with would definitely amount to affirming all their wrong doings.
  2. Thanks HB. We will check for the legal advice.
  3. Thank you HB! we haven't go to CAB or ECHR either. We wrote to disability law services in details but didn't receive any reply. she contacted the home insurance, although they issued a case reference but she didn't pursue with them since one of her friends with some legal background agreed to help her writing her correspondence with her employer. Till to day, she was waiting for a last straw before going to ET. She wonders now she should submit her claim a while ago before they embark on to cut her sick pay. She now thinks she should submit a grievance against half sick pay. Do ACAS or ECHR help with writing ET claim? does nay one has any experience with them? please advice us. thanks in advance for all the support.
  4. Hi Guys came back again to tell the truth that you are doing a great job over internet helping those poor employees to be able to stand on their feet and fight for their rights!! I thought its high time that I need your advice for my mate. She disclosed her disability about 6 months ago and asked for readjustments back to her contracted position. At the same time she had to go sick off work due to the stress caused by her employer as the latter forcing her to accept a demotion. The HR asked her to attend Occupational Health for assessment but It was clear from Occupational Health statement that they were not provided with information of her disability other than her being sick off stress and depression. The HR was insisting for an assessment of her depression in an attempt to return her to a demoted post where she had been temporarily prior to going off sick ignoring any possible readjustment in the light of her disability. She declined to attend such an occupational Health appointment and insists that sicknes policy should be followed correctly as advrtised by HR wherein a readjustment should be to a contracted post not to someother uncontracted duties. She raised formal grievance against the employer's attempt in following wrong sickness policy and other discriminatory acts. Meanwhile, her sick leave completed first 6 months and HR informed her today that from the begining of this month her salary will be halved. She did raise a number of grievances related to the wrong and discriminatory course of action pursued by various memebers of the management but it is now 6 months and none of these were heard. The employer utterly failed to follow theiir statutory grievance procedures but very keen to follow the sickness one rather in the wrong way. Now, she wonders that why her leave absences should not be considered under disability and why she should not be entitled to full sick pay, when there is specific case laws in this regard. My question is if the emplyer deliberately pursue to ignore its duty under Equality Act to do the reasonable adjustment for employee to return to work should the Court action be the only remedy for an employee available? I will greatly appreciate any comments and advice as to what next step my mate should take. Should she raise a grievance against reducing her sick pay? If so what arguments she should put forward to defend full sick pay. She is planning to make an ET1 soon. Thank you again Prishan
  5. Thank you so much for the enlightenment with lots of info that you all have given us . we believe when one door closes, another opens. we will try to make best use of the info you guys kindly shared with us. Very kind of you all. Thanks again. All the best. Prishan
  6. Yup papas. Its really getting complicated. We tried to get hold of a solicitor in the past but failed to find a reliable one and finance obviously was a big question and still so. Any idea the best way to find an affordable and reliable one? sorry asking a hard question. BW
  7. That's right Papas! my mate thought the same. She raised that with the insurance solicitor about raising a grievance first but she kinda discouraged her do that saying you have three grievances not heard yet one more will be seen negatively. Employer can say there's a breach of trust and confidence and sacked her.
  8. That's right! she thought of the same and raised this issue with the insurance lady about raising grievance to it...she insists grievance will be seen negatively because there are three more grievance already not heard. She thinks employer could argue a breach of trust and confidence if I raise another grievance.
  9. Hi Guys, my mate has one serious question. She was online with home insurance legal. the lady says my mate has already accepted a downgrade by working in downgrade for long 10 months before she went off sick though she was paid in her original terms and condition. In fact, her manager asked her to come back to work in a temporary capacity under another colleague for introducing into a development plan to re-build her confidence as they did keep her off work for a long while. He also said in writing that she will remain in the current terms and condition and further confirmed that she remains employed in her original status after she raised a grievance to any demotion. she continued in the new placement where the work was downgrade expecting that issues will be resolved soon in the without prejudice negotiation but as the latter end in a stalemate she revoked all her grievances and notified her disability. Is she correct that my mate has actually accepted a downgrade given the above? the employer didn't appear to have acknowledge her disability yet send her to OH as she is on sick but insists it is about bringing her back to a demoted position not to her contracted position. This seems according to insurance legal that its an Act of discrimination through disability. Now there could be a claim. Guys question is it so and I should better go ahead with DD claim? all advice is very much welcome.
  10. Thank you Rebel. I will ask her to do that. By the way do you know anything about this service clicklaw.com an online fixed fee advice? are they reliable? any employment hand book you can suggest we read? She is at a loss when it comes to a legal issue:whoo: Cheers.
  11. Yes! Its there. thank you very much. Does she need to raise the grievance against any particular person like Head of HR or the Chief coz' she informed both of them? In her company, they have separate grievance procedures and forms to fill in. and the form requires her to state the person she is bringing grievance against.
  12. Hi All Need an advice urgently! My mate has informed HR and Top boss about her disability on a number of occasions by letter about her disability and asked for readjustments. But, they did not acknowledge her disability nor they took any steps towards reasonable readjustments. Now question is does she have to raise a formal grievance of discrimination against her disability as soon as possible? or it should only be raised prior to ET claim? If she raise the grievance now and claim is not submitted within a fixed time period will that make the claim out of time? Your advice is highly appreciated.
  13. they gave her two options either to take a demotion and stay with them or leave signing a compromise agreement whereby she has to give up any claim she has (gagging clause).
  14. You absolutely right! they want her to go away quietly in empty hands and that's not all she had to give away all her claims and won't get another job! That's what they did sound. Prishan
  15. Great! HB I will tell my mate to check with them. Kind regards.
  16. Thnx HB. Not at all. You haven't missed much. What exactly EHRC's remit? do they intervene or just gives guidance? Can my mate calls them anonymous?
  17. Right! my mate doesn't have any choice now but to pursue her claim to ET eventually. In fact , her plight is going on for past few years and recently both party were up for a mediation, the proposal itself came from the employer but later they made an U turn, allegedly the ACAS told them that mediation does conflict with capability issue, so not appropriate under the circumstances. ACAS was not told about her disability. Now, they are insisting her to either accept a demotion or face competence procedure ignoring her disability issue. My mate doesn't think they can invoke competence because they failed to implement training for her where performance report clearly indicates she is trainable. Moreover, she was put off work for long period of time unlawfully without following a suspension procedure and also brought back to a different place and kind of work contrary to her contract. The employer is in breach! She put this on her grievance! Ironically, all this breach is undertaken by her employer in without prejudice correspondence. Can they claim immunity for doing that in without prejudice? In other words the employer is making her incapable! She knows how stressful an ET can be and how stressful it is now yet she has apparently no alternative unless her employer comes to senses.
  18. Thanks! does that mean she can go to ET only after the employer takes a course of action like dismissal? If she applies to ET now what will be the best claim? Constructive dismissal or simply disability discrimination?
  19. another over lapping post! Could you tell us what exactly an injunction is and how to go about having one if in worst case scenario the employer intends to dismiss her or invoke a capability procedure?
  20. Genius! Its the employer paid for the assessment. In effect, she went to the specialist for a second opinion. Thanks.
  21. Hi Papas, Got to ask one more question. My friend is wondering whether she should ask the assessor body ( independent of the employer) to withdraw their report which is now faulty in the light of her disability revealed ( the assessors should have been able to spot that and there is even a clause in their handbook that if they come across any health condition seems to be affecting the performance the assessment will be put on hold, and where necessary the employee will be sent for an specialist opinion). Now the employer using that report to either demote, discipline or dismiss her , although report is not as such binding on either party. So what do you think is it a good idea to pursue also with the assessor body to withdraw their report. Please advice. Hi all your advice and comments are very much appreciated.
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