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Found 9 results

  1. Hello, I was diagnosed by my Doctor as having a Disability under the Disability Discrimination Act having suffered for about 18 months with work related stress and anxiety due to my job 'inside'. Early January 2016 I was photographed doing 79mph in a 50mph zone by a mobile camera. My fault, but it seems I was caught out by traffic slowing down and speeding up as the limit changes several times - as I was overtaking the traffic increased their speed up and I felt it would be dangerous to stop. My question is not about the 'offence' but IF I am called to attend magistrates court if my Doctor is able to write to the court....additional stress...anxiety/ depression... SSRI medication for 1 year.... Reasonable adjustments...not fit to attend. There has been a 'precedent' - whilst on 'sickness abscence' HR department wrote to organise a home welfare visit and I was advised by my Doctor that I was not fit enough to attend. I would appreciate your advice - I am not making excuses or trying in any way to 'dodge a bullet'. Best wishes
  2. Equality Act, and lack of capacity, used to annul bankruptcy order. I will add more in a moment... Not sure where to post this argument here on this thread or the other one in the bailiff section so have decided here and to link to this thread for further discussions... I think this is an important to add here due to the thread and other things so your thoughts please... See below for the link... http://blogs.lexisnexis.co.uk/randi/...cial-receiver/ The link to a case referred to in the above can be found here http://www.mentalhealthlaw.co.uk/Haw...1)_EWHC_36_(Ch) Although this case is significant in as much was for bankruptcy it can easily be used for all levels of debt and with that in mind this info could be of use for many....
  3. Hello Forum Members, I do hope you can offer me some advice on an upcoming welfare meeting. I understand the welfare meeting can result in continued support or agreement to dismissal In May last year, I collapsed at work following a heart attack (I'm only 28) and I'm unfit to work at the moment and in reciept of ESA (Support Element) as I'm undergoing extensive treatment/investigation. I'm due to have surgery and a pacemaker fitted in July and have been told I would be good to return to work by November time. However, I realise the company have been paying me sick pay, holiday pay and covering my role etc and cannpt expect to continue 'supporting' me and I need to focus on getting better/back to work I am very weak and unsteady at the moment and they have offered to do the meeting via conference call. I am wondering if I should go in person as a gesture or whether it would be silly of me to turn this down? Secondly, the Occupational Health have recommended the potential of ill health retirement which financially would be supportive but I'm concerned about the effect on me in a future career having that on my CV/reference as I don't want to be on ESA for life. Occ Health have also told the company I am covered by the DDA which I'm unsure if complicates anything? The business I'm in that I doesn't have a union relationship and I'm not in a Union myself though I am member of Mind Appreciate any view/advice
  4. Hi Everyone, I'm new to this area of the forum but have received invaluable help from the debt section. I think I need some professional advice. Can anyone recommend a reasonably priced employment lawyer? I have been off sick for around 6 months. Work's policy is to provide 2 years sick pay. However they have now started discussing my 'capabilities' and have mooted the idea that my contract could be terminated. I'm fairly confident that my condition (CFS) is covered by DDA, and I could pursue them for discrimination, wrongful dismissal and unfair dismissal. However I want to get some professional insight and discuss my options before proceeding. Thanks for any recommendations you can provide!
  5. Cousin started a new job a few months ago, they were very aware of health problems which definitely amount to a disability under DDA. She's unfortunately had a relapse and is currently signed off sick and likely to be off for quite a while, and terrified that they'll sack her. Does she have any protection under DDA?
  6. Hi im in a bit of a predicament at work & I wondered if anyone could advise me on the best course of action Ive been employed for 23years with the same employer straight from school virtually , ive always had single sided hearing for as long as I can remember caused by measles as a small child, the only hearing aid I could use was a band worn on your head to transmit the sound from my right hand side to my left ear , which I chose not to wear because of the attention it would cause & me to be very conscious of the way it would look I adapted by walking with my good side facing people etc all the way through my life ive coped with my disability with people not really knowing of my deafness at work I always used hearing protection etc knowing how precious my good ear was ive always had a uphill slog at work with managers for some reason taking a dislike to me but people work mates or anyone who actually got to know me I got on really well with , there was a lot of jealousy at 1st with some people because when I passed my apprenticeship at 19 I was on more money than a lot of my work colleagues which they did not like , I could bore you with loads of crap ive had to put up with , eg my old manager telling me he knew I could do his job but while he was there id have no chance , I went out with some lads for a drink at xmas got steaming & admittedly was late for work I got dragged in & ripped apart being threatened with the sack etc another lad who came out walked in the office later than me for my engineer just to say oh hello paul you look rough the continued riping into me , for some reason my face has never fitted , apparently I look a bit intimidating but people soon realise that im not what they expect me to be low & behold when he left I got a promotion Now the trouble begins It still seems that my face doesn't fit & the managers have there favourites which im not one , but the annoying thing is that I know im good at my job without blowing my own trumpet & im better than these blue eyed boys but no matter how hard I try its just to no avail I hope this doesn't just seem like im moaning but im trying to give as much background info as possible My main job role was supervising teams out on site & liasing with customers which was great the only problem I encountered was if I knocked a customers door & they answered via an upstairs window I could not tell which direction the sound was coming from, which was quite embarrassing I started getting serious ear infections in my good ear which were very painful & caused me to loose the hearing in my good ear whilst I had the infection & id keep getting these infections so was refered to the hospital who suggested having a bone anchored hearing aid fitted (BAHA) which I did , but 1 thing that i found after the operation was that I couldn't wear my hard hat because of the hearing aid & the strap caused infections in the abutment site through sweat & rubbing Hard hats are mandatory I informed my manager who got in touch with OH & I was given a job in the office I saw OH which the Dr said it was more beneficial for me to wear the hearing aid than the hardhat but my management didn't like that decision & got HR in for a chat & there was mention of me being relocated but I could possibly loose my company card & not be on the same pay grade , could it get any worse I thought , I said that to try & help out I wouldn't wear my hearing aid for a couple of times a week so I could visit sites etc , I had to see the nurse again & she agreed to this my manager even called me to one side & said " Did you think of the implications the operation would have on your job " I was astonished at this but he said it to me with no to hear what was said he is sly like that Ive contacted hardhat manufactures & told them my problem but they are unable to modify the hats to suit my hearing aid as it affects the structural integrity of the hat ive been on a forum for the BAHA & aparantly the hard hat issue is a common problem with no solution while ive been doing this job role my STC's have been left to run out so I have to redo all my assessments to regain my competences which ive completed apart from the on site assessments which require me to wear a hardhat while all this is going on we get the news that most of the staff are being tuped across to the contractors including myself to ensure I gain my competences before the tupe I feel I was forced into telling the nurse that I would not wear my hearing aid & be comfortable wearing my hat as much as required at work The nurse agreed that this would be ok & sent a note confirming this to my manager I keep asking my manager when I can go to site & complete these assessments but he just said I have to complete all other courses 1st which is a deep excavation course in January , other managers keep saying I need to get my competences back asap & I explain that my manager insists that I complete all other courses 1st & even they have said that I don't need to complete that course before the assessments it just seems like he is holding me back as long as he can potentially if I am tuped I could be potentially making myself unemployable because of loosing my competencies whilst I have had this hardhat issue & the fact my manager is dragging his feet Has anyone got any suggestions on what I should do to rectify this im not happy that im forced not to wear my hearing aid whilst on site because the operation leaves a big scar site on the back of my head , which if the hearing aid was fitted at least id be getting some benefit & it would cover some of the scar , otherwise ive got a bit indentation with a steel sud sticking out of it , which causes some people to stare when they notice it There may be a chance of staying with my employer with a promotion for the very few roughly only 20 places 5 per area when 160+ jobs are being tuped over & personally I think the blue eyed boys are going to get looked after & stuff the rest How can I stop this happening & ensure that im retained can I say that my employers have not made reasonable adjustments causing my competencies to laps or would that be wrong , I don't really want to play the disabled card but I just want to ensure that im retained by my company but don't really stand a chance if I don't , that's how I feel anyway I hope I haven't been rambling on & that you understand my predicament & have some good advise for me
  7. I've recently been redeployed under the DDA in the Fire Service with my same uniformed T&C's as before. I have been redeployed to a post that pays a higher salary, but have been told that I will not be entitled. In the Fire Service you have uniformed posts and non-uniformed posts, both having different T&C's. I have transferred into a department that have uniformed AND non-uniformed posts and because HR state that they are now regrading the posts to become non-uniform jobs for future vacancies, I cannot be transferred to the higher salary that existing members of the team are entitled to as they were in the team before the re-grading. Is this a discriminatory or a like it or lump it situation? Thanks in advance.
  8. Hello all. I'm involved in an on-going trubunal with my employer. I need give a written response on a couple of issues to be discussed at a forthcoming Case Management Discussion (CMD). The thing I'm having trouble with is: criterion or practice or physical feature which places me at a 'significant disadvantage'. I understand what it is asking but I wanted to see some examples of it being applied. I've searched and searched but can only find the legislation and guidance rather that it's practical application. It is easy to answer this question in regard to some issues but I am unsure about others. For instance, accessability of the work place is a big issue and I'll have no problem with the 'substantial disadvantage' here because certain conditions would mean I was unable to access the office. Therefore the sunstantial disadvantage is access, I think? What I'm really struggling with though is the lesser but still important issues. For example, my office chair is blocked in by another and due to a small office, my chair is often knocked, causing severe pain and agitation of my condition. I cannot rise from my chair without first having to ask a colleague to move and I need to stand often due to my condition and sometimes I need to stand quickly due to muscular spasms. I do not have space to keep all of the items I need in easy reach. How do I put the substantial disadvantage into words? If anyone can give me guidance or point me to case law I would be really grateful. Thank you
  9. Hi all, Just wanting a bit of advice MBNA have been getting a company in Mumbai to phone my girlfriend, My girlfriend is disabled and can't hear them on the phone, I have explained this to them but say they can not take my word for it or discuss it with me. I have complained to them for harrasment of myself but they told me that because they are not in the UK they do not fall under UK law, which I know is a load of rubbish. I am going to send the template letter asking not to phone, and slightly adjust it to include DDA regulations as my girlfriend feels that she is at a substantial disadvantage because she can't her them. She is one month behind on her payments and we are getting all of this shot at us, I am a fighter and believe wrongs should be fought for until they are put right, but my girlfriend is a worrier. Can anyone give me the best way forward with this and maybe suggest a letter that I can write to propose an arrangement to pay the outstanding months payment? The last letter was not replyed to so I am taking over the running of this fight and I will ensure my letters are replied to and acted on. Thanks in advance:smile:
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