Jump to content

dondada

Registered Users

Change your profile picture
  • Content Count

    246
  • Avg. Content Per Day

    0.3
  • Joined

  • Last visited

Community Reputation

1 Neutral

About dondada

  • Rank
    Basic Account Holder
  1. You want a particular shift pattern because of your son, then just say so Most people are good people and they will agree In Law, there is something called Associative Discrimination, however there is no need to go down that route Speak to your manager and if, in the most unlikely scenario, he refused then you could take it higher (informally) My honest opinion is that he would accept it By the way, you now have a contract
  2. Point of correction; I never gave any advice I only provide links to the various govt websites and legislation I know the links debunked most of your myths and misconception You have never provided any links to your assertion that there is only a duty to consider reasonable adjustment
  3. I have never said I was a lawyer I only asked that you provide the source of your statement While we try to assist, we also learn (nobody knows everything) Learning also means debunking a myth I have always seen that it assist people greatly when you provide the source of your information as it would give them more confidence That's why I asked for the source of your information
  4. I wonder why people got this misconception, you have to be careful you don't mislead people The Law is quite clear; it is a duty to make reasonable adjustment You have to read the relevant section of the Act (section 20, 21 and 22) 20 Duty to make adjustments (1) Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A. 21 Failure to comply with duty (1) A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments. (2) A discriminates against a disabled person if A fails to comply with that duty in relation to that person. (3) A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise. https://www.legislation.gov.uk/ukpga/2010/15/section/20 https://www.legislation.gov.uk/ukpga/2010/15/section/21 I have attached the relevant section of the Act, please could you show where you got the information that it is only a duty to consider reasonable adjustment
  5. Finally, under section 44c of the Employment Rights Act 1996, your husband can ask the H & S rep to raise concerns If no H & S rep then your husband can do it himself Section 44 doesn't have much case law but you can view Edwards & Ors v The Secretary of State for Justice UKEAT/0123/14/DM as it would assist
  6. I don't know which Tribunal you went to but most Tribunal accept people who explains processes and procedures to Litigants in Person it makes the process easier for everyone If you are interested you could meet me at the London South ET and I will guide you in the process of becoming a volunteer
  7. Hi, By the way, any physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities is defined as disability See https://www.gov.uk/definition-of-disability-under-equality-act-2010 Also see https://www.citizensadvice.org.uk/law-and-courts/discrimination/protected-characteristics/what-counts-as-disability/ Finally, under section 15 of the Equality Act 2010, it is unlawful to discriminate against you because of your disabiity if you can't no longer do your job because of your disability your employer has a duty to make Reasonable Adjustment (see section 20 of the Equality Act 20) South Staffordshire & Shropshire Healthcare NHS Foundation Trust v Billingsley is a case law when there was a failure to make Reasonable Adjustment In Ring v Dansk almennyttigt Boligselskab DAB; Skouboe Werge v Dansk Arbejdsgiverforening, the European Court of Justice confirmed that an employer’s duty to make reasonable adjustments can include an obligation to consider a reduction in hours.
  8. I have looked into the "good reason" and I'm satisfied with it The friend also was satisfied with it when he was presented with it He just feels he is victimized for raising the grievance
  9. Hi HB, You always ask this question, I don't see the relevance anyway The question is for someone I know personally Yes, I sometimes volunteer at the Employment Tribunal I usually give little advice regarding Case Management Issues I try not to give advice regarding Strike Out applications as those tend to be more complex However, I do give tips and strategies I hope you don't keep asking this question whenever I post anything
  10. Hi everyone, I believe it is best I give the example first before I ask the question Person A made a Protected Disclosure A little while later, he suffered a detriment He raised a grievance His employer brought forward a good reason why he was subjected to that treatment (it had nothing to do with the PD) Now he is being victimized for raising the grievance If he had made allegations under the Equality Act, he would have been protected from victimization However, since he made allegations under the Whistleblowing Act (PIDA) he doesn't seem to have any protection from victimization My question, therefore, is this; does a person have protection from victimization when his first allegation was found to be unfounded? Section 2 of the Public Interest Disclosure Act 1998 states; A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure. Thanks a lot
  11. I would be truly grateful if you can find the particular case The more cases you can get, the better Thanks in advance
  12. Hi Jasjules, Please could you give me the link to the old case law you talked about here Thanks
  13. Mediation is when a judge (or similarly qualified person) tries to settle the case S/he would also look at he merit of your case Finally, I don't think the other side falsified any document They may have concealed some document but they didn't falsify any Please don't make such allegation before a judge as that puts them off
  14. What was postponed? s it the Preliminary Hearing that was postponed or the Full Merit Hearing? It is important as it would determine how you prepare Also, did you make the SAR again?
×
×
  • Create New...