Disability Discrimination by FTSE 100 company- Any Suggestions Please

[diaz101]

Dear All Would you be able to look briefly at the following and ascertain as to if I may have a case to bring against my employers, Background Information In May 2005 I was involved in an accident and as a result suffered from three prolapsed discs of the spine diagnosed by MRI scan. This injury at the time caused extreme mobility problems, at one point temporarily paralysed and I was unable to walk at all for several weeks, I also suffered from severe pain to which I was given liquid morphine for pain relief, subsequently because of my injury I was unable to work and placed on benefits for two years, however through a course of physio therapy which lasted for several months, I made a partial recovery and was able to seek work eventually. I started working for X company (a very large subsidiary of a top 100 listed company), ) in August 2007, during my interview I made X (who later became my manager) of my previous medical history regarding my sciatica\ spinal injury. Whilst at work I suffered pain and had to fight my manager to obtain a ergonomic chair, however I complained that it was not correct for me and was ignored. In April 2009 I unfortunately suffered a major relapse and had to be signed off work for three weeks. Subsequently I asked if I could work from home until such time that I was able to make a return to my regular place of employment which involves a 1hour long train journey, 3 walks a a tube journey.Two weeks home work allowed after much deliberation and string words from my manager. However after that period I was told in a very aggressive telephone call and email that I had to either get signed off or go to work, I was then signed off for several months. I then had had a company appointed GP medical on 2nd July who subsequently stated that in his opinion I was not covered by the DDA, however at this time the medical did not take into account my previous medical history from the hospital consultants nor the MRI scan results nor any medication I was taking, in fact as I was trying to work from home I made every effort to seem as painfree as possible. Also my condition had significantly worsened since the medical to the point where I had even visited hospital and this is not taken into account, and I am currently in receipt of disability living allowance etc. I have two surgeons reports that say that I will have this condition for the rest of my life and several GP letters explaining my condition. Subsequently I raised a grievance after much emailing and this was heard in September 2009, with the result that I was to be ;allowed temporarily to work from home, subject to conditions.I reluctantly agreed to this as it meant that I could now start earning a wage. Since September 2009 I have been working from home, however during that time I believe that I have been subjected to bullying and discrimination by my managers, they have ignored me consistently for requests for help, ignored requests for information, ignored requests for equipment to help me work from home,told other workers not to talk to me, and it may sound petty but I was not even told about the Christmas party or invited to it and my managers have been very aggressive towards me. On Feb 2nd 2010 I raised a grievance for: Disability discrimination for not receiving a pay rise in Jan 2010 as per my colleagues, when asked about why I was not getting the same as everybody else, I was told that it was because I had been sick too much. Disability discrimination for not allowing time to visit hospital as per a reasonable adjustment and also to be allowed to work from home when possible.They are not recognising my prolapsed disc\mobility as a disability.I am also going to claim loss of earnings and for significant injury to feelings. I have also been the subject of bullying and since I have raised this grievance I have been banned from working from working from home because they have said that I am not working productively, which would seem very difficult to do given that I am being ignored, also its very strange because I was keeping on time with my projects and even starting work at 5am sometimes to help customers, in short I did everything I could to work from home and had resistance from both managers who seem to be in cahoots as they have been buddies for years and it seems like an an old boys network My date for the hearing is now in a couple of weeks. Its very difficult to detail in an email everything that has happened, there are many more things I could add but I would like to know if I have a case for claiming discrimination or even constructive dismissal as I feel like X company and managers are doing everything they can to force me to quit work. I have legal insurance and have to contact them if you think I may have a case after my grievance has been heard. Thank you very much for your time and if you are able to point me in the right direction I would appreciate it very much, edited to remove all traceable details, thanks for letting me know

Edited April 16, 2010 by diaz101

[Bigredbus]

Hi,

 

Could you, please, take out, of your post, any relevant information wich could lead to find out who your employer is... just edit the post and blank out all information (names, addresses, etc...)

 

Thank you...

[Bigredbus]

a) how would you describe your performance before and after your accident?

 

b) did you document all instances of bullying/harrassment?

 

c) are you registered disabled?

[JonCris]

1st of all a doctor reaching a diagnoses WITHOUT knowing your medical history from you records is a disgrace & justifies reporting him to the GMC for professional misconduct

 

2nd It would appear that their actions & refusal to help have exacerbated a pre-existing injury & of which they have full knowledge. Therefore I would seek the help of a specialist PI lawyer who will be able to act for you on a CFA

 

3rd should you choose to leave I suggest you also have grounds for not only claiming disability discrimination but also constructive dismissal both of which should be the subject of a ET. The PI however should NOT be in any ET settlement it should be pursued in the county courts

[diaz101]

Thanks big red bus, amended as requested. In answer to your questions. a) if discussing work performance, I work in IT and look after product which can be performed remotely which I often have done by working from different offices, my work ethic has never changed, what has changed is the management and their attitude towards helping me,my job title and description outlines the product i use and this has never changed, therefore I can work from anywhere in the world, but management habe taken it upon themselves to be as obstructive as possible. b)I have documented in emails the bullying and it had been noted by other members of staff, however as is usual they are reluctant to say anything in case they lose their own jobs. c) I qualify for higher rate of DLA with mobility and also carers allowance, and also have a blue parking badge, there is no such thing as registered disabled centrally anymore, my employer knows all this but they seem reluctant to acknowledge this. what would you advise to do next? to jon cris what do you think I should do considering I have a grievance soon, should i wait for the outcome or contact a PI solicitor and see iof i have a case, I did at the time raise the chair issue and pain etc., doctors letters suggesting adjustments with occupational health so there is a record of it being ignored, however it "went" when i got out of a car but the paiin was significantly made worse by the work chair and conditions, at one point my boss moaned about getting a foot stool for correct posture and I did not have a health and safety check in my new seating position, only an old desk position. Does anybody have a good solicitor i could talk to? thanks again

[JonCris]

There are any number of good employment law & PI solicitors & if your near Wimbledon I would suggest speaking to Thomsons on the Broadway Wimbledon

 

PM me

[scousegeezer]

Diaz101,

I am regarded as being covered by the DDA. I therefore speak from experience, so please do not poo poo what I say. I have previously sued one employer under the DDA and I am now taking a second employer to tribunal ; for far worse discrimination.

Firstly , an employer does not have to accept that you are covered by the DDA. That is why your employer sent you to see a doctor for examination. The doctor is perfectly entitled to state that you are not covered by the DDA in his opinion. The fact that he states it does not mean that you aren't. You can say that you are. In such circumstances, the only person(s) to make the decision is a court or tribunal.

Secondly, you state that you were provided with a chair that was unsuitable. I understand that you are the ultimate judge of whether it is or not suitable for you, my point is how was that particular chair was decided on. Were you measured up for the chair; or did the assessor just ask you what your injury was. In my experience you have to be measured and it is quite an involved process. When you were assessed for your chair, was a rise and fall desk discussed as well. This would be in order for you to stand and do your work when/if you felt it necessary. The point I am making is that your complete immediate work environment has to be assessed and adjusted if necessary.

Thirdly, The Employment Act. A new act was passed in 2008 which went onto the statute books in April 2009. That act states that you no longer have to submit a grievanc e before taking legal action. Also the DDA was ammended last year and you can now ask for lost salary when going to tribunal. On top of that you can claim damages for "hurt feelings".

 

SEE A SOLICITOR RIGHT AWAY. If you have home insurance contact your insurance company and give them the brief facts. They may allow you to instruct a solicitor of your own , or they may appoint one for you. Your first hurdle will be provong that you are covered by the DDA and the respondent will probably put you to strict proof concerning this.

 

Hope this helps - Cheers - Scousegeezer.

[JonCris]

Strict proof no longer applies under the CPR. If a litigant now argues strict proof or lack of causation without submitting evidence to support that position the court will assume that the claimant is being truthful & the employers defense fails by omission

 

Also being a recipient of higher DLA indicates to me that your disabilities are quite severe & that your employer must be aware of this.

 

As for the doctor he is guilty of misconduct by making such a diagnoses WITHOUT benefit of your medical history & as the consequences of his actions could be quite severe on your life, can be reported should you wish Even though engaged by your employer he still owes you a duty of care

Edited April 16, 2010 by JonCris

[JonCris]

Most solicitors will arrange ATE Insurance but before they do that they will quiz you to see if you have any BTE Insurance (Legal Expenses) which will cover you

 

Also if you do they cannot insist that you use one of their panel of solicitors you can make your own choice & provided the solicitor agrees (upto a point) to meet their criteria they cannot refuse

[diaz101]

Hi All, Many thanks for the advice, I have legal insurance and and curently awaiting the outcome of the grievance which is next week. When I saw the GP he had only a brief letter from my doctor and nothing from my surgeons as to my injuries which states that I will always have a prolapsed disc etc. With regards to the desk, I was only measured for a chair whilst working at home but the chair that the assessor and my osteopatch suggested was never purchased, instead a much cheaper one was which was still not correct,also after I raised this grievance my managers started to bully me and I was also told at the beginning of the year that I wouldnt get a pay rise as I was sick last year (ie with my disability, they also refused to give me a pay rise that was owed from two years ago because of the my managers inability to manage properly(he let the time elapse) To sum up I have been refused reasonable adjustments and a pay rise, suffered bullying etc. I'll update after the weekend as Im going to document everything, thanks for everyones help so far, but I now have some one who may take the case on, so fingersd crossed.