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LifeIsGood

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Everything posted by LifeIsGood

  1. Hi, I was wondering if anyone could give me some advice please. I was off on long term sick from work four years ago. I was asked to come into work for a sickness case conference and while I was at the meeting a traumatic event occurred which resulted in serious mental health issues and me recently being diagnosed with PTSD. I wanted to check if I would be able to put a claim in for Industrial Injury Benefit as I was off sick at the time. Also should my employers have logged this officially anywhere Thanks
  2. Can I just check a few things please. Firstly is allowing discriminatory remarks and behaviour by co-workers to go unchecked classed as a detriment. Also can the duty to make reasonable adjustments be stand alone or do you have to prove indirect discrimination first say for example to do my job I need written instructions as I can't remember verbal ones. If the reasonable adjustment works and I can now complete my job with the same efficiency as my peers can the employer then stop making the adjustment knowing it would disadvantage me again. Thanks
  3. Thanks for the clarity steampowered, it makes sense what you say. It all is very daunting though I'll see what I can come up with and post some examples over the next couple of days Thanks
  4. Excellent, thank you. I've done quite a long chronology already so I'll try and cut it down a little. I've been careful about what I put, just facts and said how it made me feel. I'll have a go at breaking down what the claims are. Can some acts be under two different headings? Say victimisation for complaining of sexual harassment and also disability related in a failure to make reasonable adjustments. For example I was told I had to complete a piece of work in four weeks. As a consequence of my disabilities I occasionally can take a little longer in producing written reports than my colleagues. On this occasion I actually completed the work within the four weeks timescale however due to a mix up by management relating to the requirements it appeared to take me one day longer. This incorrect fact was then recorded in my personal development along with a note saying I was often slow. I gave my manager the facts relating to the mix-up but he left the negative feedback and said it doesn't matter. However it appears to show I am underperforming. This sort of thing is now happening on a regular basis and is quite distressing. The other thing I don't understand is how to show that what has happened is a series of acts. A lot of them will be out of time unless I ask the tribunal to take into account not just the last act but all the acts up to the final one. I notice that the last act has to be within three months. I've a few similarities in that it was all departmental management who were involved in the acts, they all appeared to have the ultimate goal of removing me from my job the treatment started after I made the complaint of sexual harassment also in my department disabled females are treated less favourably than able-bodied males (I imagine this would be quite difficult to prove even though statistically it seems quite obvious) All seems a bit tenuous to me. Any suggestions of where I could look for other links between the acts. Thanks
  5. Excellent thank you all for your advise. I think in my ET1 I've demonstrated where my disabilities lie. Our Occupational health doctor has stated in writing on five separate occasions over the past 6 years that he believed I was covered by the Equality Act so I've mentioned this too. Judging from what I've read in the above posts I fall under the Equality act legislation so I'll demonstrate that first and also this Act for the victimisation as a result of a protected act part. I think the Employment Rights Act might also be relevant in (b)that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject - does an obligation under the Equality Act not to discriminate with regards to disability fall under this failure to comply with a legal obligation? or a duty of care under the Health and Safety Act - to provide a safe place of work [*](d)that the health or safety of any individual has been, is being or is likely to be endangered does the fact I discussed on several occasions how it was seriously impacting on my mental health or would this be where the duty of care under the Health and Safety Act come in? In the ET1 do I have to quote which acts I think are being broken or just state that I believe I was discriminated against because etc Would it be ok to post some of the points I'm raising, I'll make sure I don't put any personal details on Thanks
  6. In addition to the above, I've made a start on my ET1 and so far have put a brief career history and when I was first diagnosed with my disabilities in 2002. My Occupational Health department have a copy of this report on my file. I have put how my disabilities affect my day-to-day life and also the fact I take a lot of medication to control my symptoms most of which have side-effects. Is any of this relevant in the ET1? I have a little money saved to lodge my tribunal case and could probably afford a couple of sessions with a solicitor. Is it best to try and get as much in order as possible before I see a solicitor? I am not being backed by a Union. Are there any good books which might explain the tribunal process to me? Also is there anywhere I could look to access example ET1 forms? So many questions! Thanks
  7. Thank you for your explanation, I think I understand what you are saying. I will post an example of what I'm going to put and see if it makes sense. Can you explain what the difference between victimisation for a protected act contrary to section 27(1) of the Equality Act 2010 and being subjected to a detriment for making a protected disclosure as I don't understand the difference. Thank you
  8. Hi just wondering if there is anyone who can explain this to me in layman's terms please, I'm trying to fill in an ET1 form and I'm confused how to word things. Brief background, I work for local government I made a complaint of sexual harassment and it was upheld. Since then the powers that be have been trying to manage me out of my job in various ways some subtle others not. I have documents relating to all the points I raise so would I reference these in my ET1? In the Equality Act it mentions victimisation and detriment after making a protected disclosure. Do I have to list each of the things that have happened to me as a separate detriment. And do I have to physically state what the detriment was in each case e.g. the detriment was me not having a job or the detriment was the mental distress caused by the hostile working environment. So would I put (there are quite a number of examples but I have just listed a few) I made a complaint of sexual harassment and my manager asked me to resign because he said it was causing problems for him (meeting notes refer). I made a complaint of sexual harassment and my manager wrote to the Occupational Health department to see if I was fit for my job because I have been off sick with disability related sickness (copy of email refers) I made a complaint of sexual harassment and my manager omitted to issue any guidance to my department on how they should behave and as a result the harasser's friends have been ignoring me and making my working environment feel very hostile. Or would I put it all together My manager victimised me by subjecting me to a detriment namely to remove me from my employment and cause me mental distress because I made a protected disclosure of sexual harassment. Does any of this make any sense? Any help would be much appreciated Thanks in advance
  9. I've put my SAR request in, I'll see what I get back. Thanks for your help with this.
  10. Hi yes, I have been recognised as disabled for about twenty years, by my Gp. Hr and Occupational health. Although I think I read somewhere that you can only get protection of the Equality Act if a tribunal says you are covered. They do make reasonable adjustments sometimes but it really all depends on who I'm dealing with, mostly they forget. I've printed the email.
  11. Ah I see what you mean, hadn't thought of that. I'm aware there are some emails as one was accidently forwarded to me as part of an email chain. It had my surname in the subject, I guess there will be others. I can narrow the date period down using the email I just mentioned. Thank you
  12. I was interested in the emails that A sent about me to other members of my team. There has been a definite campaign against me for over two years now, mostly centred around a long standing disability. Even though A has left the treatment is carrying on. I can't understand what has caused this level of prejudice, it's most random. Anyway I thought emails might be a good place to start.
  13. Hi I would like to put a SAR in finding out what information my employers hold about me (I work for my local council). In particular interest are some emails which a colleague who left under a compromise agreement sent about me. My employer has email archives dating back ten years so I know they are still available but wasn't sure how to word the request to make sure that these are included. Any ideas Thanks
  14. I'm curious about what duty of care is owed by an employer. Surely if they knew she was ill and didn't act isn't that a Health & Safety issue?? If they didn't act are they not breaching her contract.
  15. Hi there I think you need to start a new thread but not sure if you can move your post to it. Sorry I can't be more help. I'm also not sure about adding the bit about the charges being for administration in your POC, that's also what they said in my defence. Thanks
  16. Hi, this is my first post with CAG but I have found lots of interesting information on your website. A thread started by BankFodder caught my eye about having a good chance of beating YB so I thought I'd start a thread and see if anyone is in the same boat as me. I was originally from PenaltyCharges website but then moved because of some pretty underhanded tactics by YB (explained later in post). My case against YB was put on hold because of the OFT test case then in January 2010 I got a strike out order from the courts. I appealed and have the chance to enter new POC by the end of the month. I was wondering if anyone here has got that far and if they had what did YB do in court. With me they sent a barrister and then used my penaltycharges thread in their defence against me (how low eh!). Has anyone else had similar dealings with them. Also why might they be a soft target, I've just found them obstructive and underhand. Thanks
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