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Everything posted by lostfaith

  1. Not until I arrived. They had to phone a colleague to borrow theirs - they seemed bit annoyed about it - rest of the job I can do and 4 1/2 years similar experience. If everything else I can do except audio typing be the draw back if they don't provide an appropriate headset to do some of the job; because of my hearing still be discrimination?
  2. Went for an interview for a well known employer, on their job spec they did not say if an audio typing test would be required. I am profoundly deaf and made the employer know of my hearing impairment before going on application form and was selected for an interview. I was required to do this test in my invitation letter. The appropriate headset was not provided for me to do this job exercise when I arrived and there was panic to get me to do the test as no head set and they had to borrow a colleagues; as my hearing aids cannot go in ear headsets. As I made them aware of my disability before hand is this discrimination that they did not make adjustments for my interview?
  3. Do firms have to pay law now or if they don't do they break law
  4. Were there any witnesses? I'm asking these questions from my own experience of two work accidents in the past
  5. Was appropriate training provided? From past bad experience go direct to solicitor not a claims management firm
  6. was a no - seems im interviewing ok but lacking experience
  7. Thanks. Yes; they said they would be in touch - the closing date was on one of their own job websites. It said the closing date 29th for applications.
  8. Hello I applied for a role and was told would know in two weeks; the closing date was 29 September they saw me 16th just before end of the day 1) Does day of being seen be included in the two weeks 2) Would two weeks be from the 16th or 29th Thanks
  9. Hello Honeybee I applied for a role which was supposed to start in August 2015, the role was put on hold till end of August 2015 I found a short term project in between those dates till that other role on 1 September would start, the agency did not tell me till the 17 September it was no longer in existence. I had three job interviews in between 28 August and 17 September - I kept the job advert as evidence.
  10. Can back dated claims be appealed? I was offered a job but it fell through can that be a good reason for a back dated job seekers allowance claim
  11. always go to a solicitor direct dont use claim management firms from my experience
  12. Seperate question totally different issue; how long can a job be left advertised - just curious if no expiry date for applications - I assume can be short or as long as anyone likes; then decisions to be made on who needs to be seen; size of firm take them longer - how long should I wait before I assume not heard; as I know after a while I wouldn't; just trying to get a learning curve here - one for example 3 weeks ago; very small firm so I guess they'll need time to decide, staff sickness before another person decides
  13. However if you feel that you are able to take on the other role have they done a risk assessment? If not go back to them and plead your case. Also is there actually a vacancy in the other area for you? Yes there is an actual vacancy, but they have not even tried to look to see what the risks would be for me there, they just think as a higher risk in that team to the one I'm in now they don't think it would be suitable for me, and they don't know where to place me. They've potentially when in this role helped out three floors and helped everyone, think lot of it is been given too much of the same thing and people taking it all to me and not to a manager first, expecting me to get it done and not giving me dates it had to be done by, obviously I ask if it is urgent and tell them speak to a manager, but they don't, they think as I don't moan about doing the work, get it done without hesitation, they'll just come back to me for more. Management have not focused for me to be in one particular area for me and think all I can do is draw family trees as that is the only good thing people feedback on, and do not get a thank you for the typing, and management have not assessed my true key skills. No assessment or reasonable adjustment has been made for the typing to be done in a quieter area could help me, and fully compentent in all Microsoft Office programmes
  14. and also do not want me in another area as a higher risk and think I'll make more mistakes because of the nature of the work
  15. I asked to go on the minute taking course to be able to prove I could do it, they do not want me to minute take because they are concerned I won't be able to pick up everything up
  16. Today been told now they are not saying that I have it and haven't meant to say I had it but they said there seem to be traces of links with aspergus and it concerns them, they said may be a learning disability, may not, they need to know. They failed to do pick up on this the start of the fixed term, they dont' want me to minute take because they're worried I won't pick everything up and size of the meetings may be too much for me.
  17. You where put on an improvement plan, so did you have regular meetings to discuss your progress? If not you can argue that as you did not get regular meetings how where you to know there was still an issue? Yes they happen one with a disability advisor and weekly 121s. I was not on this till January and work was not checked first 6 months there. they failed to tell me onset good reason why job open when at interview, with disability advisor was given non discrimary reason - what I was covering someone on secondment and they're coming back; I think to protect themselves, and now in 121 she said now they're not dismissing me on capacity but not renewing because my anxiety worries them and think taking the improvement plan as a negative when she's not realised she's upset me threatening dismissal and comparing me to her son. She did not speak to me before about it not caring to ask me what is wrong Had one manager who left and was outside to the company he did not stay long and he did not check work, and no work was coming back as having been done incorrectly. How long have you been working there on the fixed contract? If less than two years they can terminate your role legally however your notice period should take this into account when working out your final pay ( I THINK ) 11 months altogether, 7 months on the zero hour and 4 months on the fixed term You state you are deaf and wear a hearing aid if the hearing aid was faulty I'm assuming here that as it is an important part of helping you, surely you would have noticed issues with it? I am blind in one eye so all the stress is on the other good eye so I now wear glasses I know the smallest change in my eyesight as reading plans is a big part of my job. After saying all that your employers knew of your hearing issues what if anything did they do to support you especially if your under performance was related to the hearing problems? No adjustments being made, they won't put me in a quieter area to do that kind of work, which I handled it better in a quieter area in training and she places herself downstairs because she cant' concentrate but won't let me. Of course I would have noticed if I knew was the hearing aids but I didn't know and would've said but did not know till January they were broken and did not know till January speaking to a private audiologist, and if I knew there was a crack sooner I would have done. They also failed when I first started to refer me instantly to an occupational health. I have private pair which are better for my hearing as I am profoundly deaf, and the audiologist told me then as I was looking at buying a new pair when noticed the wider crack, I would have repaired the private ones but it became impossible to repair them given no warranty left and no options to extend the warranty. I instantly made them aware of the crack and thought take immediate action as right thing to do and to tell them that I would be hearing things differently and only spoken to them as there was no need to do anything as they were working fine, if I had seen the crack of course would've told them, but it was only when I cleaned them we saw the crack it was not there when I cleaned it before. If I could have done something I would have but had no contract for three months with no evidence to show was an employee there and couldn't have got the support to buy new ones due to insecurity of a fixed term contract and would've been declined support. My NHS ones are a spare and did not need to wear because the sound quality was not as good. Been told I'm now making excuses why, but my GP and audiologist support me; but I was finding out reasons what could have lead to them being broken. ( If your disability was a causative factor of under performing and you can prove that, the employer has a legal duty to make reasonable adjustments under the Equalities Act if needed to support you ) So if it was linked then I'm thinking an argument under the equalities act may be something to consider? Others may be able to advise better on this and if you are in the union go to your rep. No union available; no referral to occ health despite saying they would and no change of role to accommodate my hearing loss; there are all other kinds of things I can do but they will not tailor it to my needs when most of the other work I am very good at Attendance has been v good, no absence for sickness, no lateness except only for medical appointments and I come in because I want to work.
  18. Hello New thread brand new topic Been told will not be dismissed on capacity but contract not renewed - does it seem like discrimination with facts below 1) Joined on zero hours then moved to fixed term - all fine till Sept 2014 2) I am deaf made all aware who appropriate 3) Sept 2014 went away 4) three months no contract 5) no manager as old manager off sick 5a) deputy but not known in team - she's now based down stairs not making lot of contact 6) no problems from start date till Sept 7) they told me three times in Oct wanted to speak to me never did 8) Oct told nothing to worry about 9) Nov told under performing - without valid reasons why took till Dec to tell me area went wrong, only 1 percent of it and before told threatened capacity dismissal - being compared to someones son with Aspergus suggesting I could have it - Jan put on improvement plan not sooner; and even not referring me now to occ health when they said would; occ health on phone told them I was deaf and made them aware from start. 9a) Told them I felt insecure with no contract for three months 10) Shown some new things on system and won't move me to a quieter environment to do it as could do it better in one 11) Managers under stress department struggling to find staff 12) I found out why made errors; due to distractions found out in Jan'15 from broken hearing aid 13) I did not know my hearing aid they're taking if I knew from Sept why did I not say I was hearing too much I did not know till Jan speaking to an audiologist who said a wire broken for noise blockage, she said deteriorated over time - did something when instantly knew 14) Couldn't do anything about fixing as no warranty left and even no proof a worker for evidence to show an employee for paperwork if knew hearing all this time would've said. 15) Eight months prior Sept no one checked work 16) Now not being considered for other roles due to my hearing for promotion as one part they do not think I'll be able to minute take due to my hearing loss and only can be in that role if can do that not even let me try to do it or put me on a course to learn it 17) Other parts of work can do, they wont' look at a new role for me due to my hearing 18) Audiologist said hearing is letting me down and they're saying i'm dwelling but do not ask me what is wrong - she's not surprised the undermining me is pushing me to tears being threatened. Also suffer v bad anxiety, from work bullying four years ago which they know I suffer from it 19) told not being renewed as seen improvement plan as a negative when she's not realised she's upset me comparing me to her son and that she couldn't see me there anymore
  19. Yes I am 34 and had similar problem, as long as you are honest to tell them when offered job no problem.
  20. does anyone have flowcharts for the old employment law system before 2010 I am doing a presentation on how it works and need to show how I understand process from then as I need to show how I learnt from my mistakes I need to know it from the stage after three months is up it goes to tribunal but then what happens, CMD etc, what to do if CMD fails etc If someone could do me one if there is not anything on line I need by next Thursday
  21. just been informed they they've agreed to settle without a full hearing
  22. no this is an upcoming one HoneyBee a different one. I'm trying to get this one sorted before it reaches the end the case law they need they've found themselves, now, plenty of time for their upcoming full tribunal
  23. thanks. I think they're worried because they've gone with it without citing medical evidence and not explained to them appropriate case laws
  24. Someone has said to me their care letter only has said they would have had a good claim but as you resigned in x month/year, the deadline for bring such a claim would have needed to have been before the end of month/year. [/b] It does not give the correct day/month/year of their letter for each period, and no indication of the three months minus one day time limit.
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