Been discriminated against on the grounds of disability

[Marieleeza]

Hi Marieleeza on the website you click on resources and then scroll down till its starts to detail databases and there are two avaiable. Here's a link to the one that I went on, its got a search engine and you type in the names that are on the precedents and it displays them.

 

http://www.bailii.org/

 

Thanks Nutter192. That's handy.

Edited July 6, 2011 by Marieleeza

[nutter192]

Interesting I have been rechristened on CAG! lol

[honeybee13]

Interesting I have been rechristened on CAG! lol

 

You have?

 

HB

[nutter192]

Marieleeza seems to have called me HoneyBee when mentioning the link I told her about lol.

[honeybee13]

Marieleeza seems to have called me HoneyBee when mentioning the link I told her about lol.

 

Second time this week . The same thing happened on another forum, someone called himself honeybee, more or less. I daren't think what this will turn into when Rachel gets hold of it.

 

My best, HB

[RachelMD]

Thank God MarieLeeza dashed in and altered her mistake.

Who knows what depraved, snide, sarcastic little remark I'd have come out with. Particularly at this time of night when I've been on the fizzy.

 

Luckily, I've been busy looking for Kate Bush's house on Google maps all evening.

[nutter192]

duplicate post

[nutter192]

Have heard back from the evil one.

She has finally replied after a gap of 2 weeks, she keeps mentioning that in the meeting I was told this and that such as redundancy being an option etc. whereas I know from the recording that she is seriously digging a bigger grave for herself.

I had requested a breakdown of my final pay cheque. She had replied that the other cashier has confirmed this is correct with no breakdown supplied.

She has refused to provide me with a copy of her notes again despite me stating that if she wished to refer to the meeting that she should enclose source of information i.e. the notes.

I requested from her a generic reference to give to employers however she has declined to do this. She will only reply to an employer request in writing for a reference.

I am going to file et1 within the next week or so after I’ve heard about the job and whether I have it, reference wise should avoid any screw-ups.

For a tribunal do I need to send a 14 day LBA advising her that I am going to an employment tribunal and what evidence I have or is the et1 form sufficient for this purpose??

[stuart_coogh]

what is your tribunal costing you? - you can get some no win no fee companies to help you

[nutter192]

The trouble with no win no fee companies is that they take about 33% of what is awarded to you. I am confident enough to represent my self and will see a solicitor i have spoke to before about my grievance when it comes to filing the et1.

[nutter192]

I have received another letter with the contents of my SAR. Extremely thin pile of paper considering how long I have worked there.

Ex-boss states that you cannot find a copy of any contract or terms and conditions of employment.

Not surprising considering I was never issued with any contract in the first place.

Ex-boss says that as for medical history I had several days off sick in each year but no exact record of when or what was wrong with me.

Sickness was not an issue as the only serious illness I ever got was a vomiting bug for 2 days. However how will that look on a reference when she misstates number of sick days due to having no record?

She has enclosed copy of my disciplinary record which is quite a few letters I have been handed over the years.

These disciplinary notes are regarding issues in my employment as I was never fully supported by sufficient training and also, I was always told that I should be doing various things where I was not been giving sufficient time to do so and as a result of having to rush through from one aspect of the job to another due to being on constant demand this meant the quality of my work suffered. However these disciplinary letters were just given to me telling me what I had done wrong, there was nothing written on them about being able to appeal or even inviting me to a meeting to discuss the matter. Does this invalidate the disciplinary as I did not have an opportunity to appeal against them?

 

The above is all I have received and nothing more.

[MrShed]

Subbing.

[nutter192]

bump

[nutter192]

bump

[stevo7790]

nutter

 

I have been following your thread as I am too hard of hearing... whilst I am not able to help, I am able to offer you a lots of support and hope you get the outcome you want

[RachelMD]

What? Didn't realise you asked a question.

[nutter192]

Hi Stevo thanks for the encouragement. What really annoys me is that it was a simple adjustment to make and I would have been much happier and my performance when answering the phone and other times my hearing affected me would have improved.

 

I have recently had a hearing test at the hospital and I am being fitted for digital hearing aids on the 12th August. the results showed that I was showing hearing loss up to 40 decibils at the low frequency. so hopefully the hearing aids should help in future employment.

 

Will keep you posted.

[nutter192]

These disciplinary notes are regarding issues in my employment as I was never fully supported by sufficient training and also, I was always told that I should be doing various things where I was not been giving sufficient time to do so and as a result of having to rush through from one aspect of the job to another due to being on constant demand this meant the quality of my work suffered. However these disciplinary letters were just given to me telling me what I had done wrong, there was nothing written on them about being able to appeal or even inviting me to a meeting to discuss the matter. Does this invalidate the disciplinary as I did not have an opportunity to appeal against them?

 

 

Hi Rachael question is above as per previous post sorry for not making this more obvious:-)

[RachelMD]

Sorry, missed that it was a question.

Yes, is the simple answer. Nowhere near the ACAS code of practice, so would be deemed unacceptable by an ET (providing you presented your case well).

[nutter192]

Just to update, am currently sending a reference request through my sisters boss just to see what she would really say about me.

 

Also went to see the solicitor again about my et1, said that it explained the case extremely well however said it may go to a Pre Hearing Review because it may need to be established that I am disabled.

 

The solicitor also recommended that I should appoint a barrister, he quoted £500.00 for the PHR and £1000 for the tribunal itself if it gets that far. I am taking this into serious consideration as I can afford it and would improve my chances especially when cross-examining.

[nutter192]

Also, can an employer ask in a reference whether there are any disabilities or health problems that the employee has?

[RachelMD]

Just to update, am currently sending a reference request through my sisters boss just to see what she would really say about me.

 

Also went to see the solicitor again about my et1, said that it explained the case extremely well however said it may go to a Pre Hearing Review because it may need to be established that I am disabled.

 

The solicitor also recommended that I should appoint a barrister, he quoted £500.00 for the PHR and £1000 for the tribunal itself if it gets that far. I am taking this into serious consideration as I can afford it and would improve my chances especially when cross-examining.

Sounds cheap for a B. But do consider it if you can afford one. The stats speak for themselves.

[RachelMD]

Also, can an employer ask in a reference whether there are any disabilities or health problems that the employee has?

I'd say they're on v. dodgy grounds doing so. Asking about attendance, perhaps.

 

Be careful serreptiously obtaining a reference, BTW. If it comes to light that you're doing so, if won't look good.

I entirely understand your motivation, but sadly such practice is frowned upon.

I doubt that the R would say anything bad if they've received the ET1.

Edited August 2, 2011 by RachelMD
Sp.

[nutter192]

These are the questions that are going in the reference request. the job does exist. Perhaps someone could see any that I have missed?

 

In what position did you employ the individual?

What was the leaving salary of the employee?

What was the reason for the employee leaving your organisation?

How many days of sickness absence from work has the employee taken in the last two years?

Did the employee have any disciplinary actions on their file?

If yes please give details

What duties did the employee carry out in your organisation?

Did they carry them out satisfactorily?

Would you re-employ the individual?

 

Do you have any relevant comments you wish to make regarding the applicant?

[RachelMD]

Looks OK.