Disability Discrimination

[honeybee13]

You absolutely right! they want her to go away quietly in empty hands and that's not all she had to give away all her claims and won't get another job! That's what they did sound.

 

Prishan

 

Hello again. What do you mean about 'giving away all her claims' please?

 

My best, HB

[prishan]

Hello again. What do you mean about 'giving away all her claims' please?

 

My best, HB

 

they gave her two options either to take a demotion and stay with them or leave signing a compromise agreement whereby she has to give up any claim she has (gagging clause).

[pop_gun]

What little advice I can give you is gather all the evidence you have against this company and starta employment tribunal hearing. The ET has a strict 3 month rule regarding claims. Although you could arguethe discrimination is ongoing. The company has clearly breached employment law by demoting her in the manner it has.I take it the 2 of you work together, will you be prepared to be a witness on her behalf at a ET hearing?

[prishan]

Hi All

 

Need an advice urgently!

 

My mate has informed HR and Top boss about her disability on a number of occasions by letter about her disability and asked for readjustments. But, they did not acknowledge her disability nor they took any steps towards reasonable readjustments.

 

Now question is does she have to raise a formal grievance of discrimination against her disability as soon as possible? or it should only be raised prior to ET claim?

If she raise the grievance now and claim is not submitted within a fixed time period will that make the claim out of time?

 

Your advice is highly appreciated.

[papasmurf1cx]

Look at post 7 & 9

[prishan]

Yes! Its there. thank you very much.

 

Does she need to raise the grievance against any particular person like Head of HR or the Chief coz' she informed both of them?

 

In her company, they have separate grievance procedures and forms to fill in. and the form requires her to state the person she is bringing grievance against.

[papasmurf1cx]

Complain about the issues she has concerns about.

[prishan]

Complain about the issues she has concerns about.

 

Great ! ..all the best .

[rebel11]

'My mate has informed HR and Top boss about her disability on a number of occasions by letter about her disability and asked for readjustments.'

 

You friend will also have a Personnel File, it might be a good idea to get hold of that.

 

Also gather as much documentary information as possible.

 

Some more info here:- http://www.yourrights.org.uk/yourrights/rights-of-workers/index.html

[prishan]

'My mate has informed HR and Top boss about her disability on a number of occasions by letter about her disability and asked for readjustments.'

 

You friend will also have a Personnel File, it might be a good idea to get hold of that.

 

Also gather as much documentary information as possible.

 

Some more info here:- http://www.yourrights.org.uk/yourrights/rights-of-workers/index.html

 

Thank you Rebel. I will ask her to do that. By the way do you know anything about this service clicklaw.com an online fixed fee advice?

 

are they reliable?

any employment hand book you can suggest we read? She is at a loss when it comes to a legal issue:whoo:

 

Cheers.

[rebel11]

Forget about Fixed Fee etc. Book an appointment at your local CAB office, it's free. Just type in the postcode.

 

http://www.citizensadvice.org.uk/

 

http://www.dls.org.uk/advice/factsheet/factsheets_download.html

 

http://www.dls.org.uk/advice/factsheet/employment/tribunal_tactics/Tribunal%20tactics.pdf

 

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074450580&type=RESOURCES

[prishan]

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074450580&type=RESOURCES

Great !

[rebel11]

I've added a couple more links.

[prishan]

Forget about Fixed Fee etc. Book an appointment at your local CAB office, it's free. Just type in the postcode.

 

http://www.citizensadvice.org.uk/

 

http://www.dls.org.uk/advice/factsheet/factsheets_download.html

 

http://www.dls.org.uk/advice/factsheet/employment/tribunal_tactics/Tribunal%20tactics.pdf

 

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074450580&type=RESOURCES

 

thanks..i will contact them !

[prishan]

Hi Guys,

 

my mate has one serious question. She was online with home insurance legal. the lady says my mate has already accepted a downgrade by working in downgrade for long 10 months before she went off sick though she was paid in her original terms and condition.

 

In fact, her manager asked her to come back to work in a temporary capacity under another colleague for introducing into a development plan to re-build her confidence as they did keep her off work for a long while. He also said in writing that she will remain in the current terms and condition and further confirmed that she remains employed in her original status after she raised a grievance to any demotion. she continued in the new placement where the work was downgrade expecting that issues will be resolved soon in the without prejudice negotiation but as the latter end in a stalemate she revoked all her grievances and notified her disability.

 

Is she correct that my mate has actually accepted a downgrade given the above?

 

the employer didn't appear to have acknowledge her disability yet send her to OH as she is on sick but insists it is about bringing her back to a demoted position not to her contracted position. This seems according to insurance legal that its an Act of discrimination through disability. Now there could be a claim.

 

Guys question is it so and I should better go ahead with DD claim?

 

all advice is very much welcome.

[papasmurf1cx]

Seems clear dispute to me, which should be grieved about and taken to the ET to sort out. Perhaps she should get a solicitor on to it after the grievance phase.

[prishan]

Seems clear dispute to me, which should be grieved about and taken to the ET to sort out. Perhaps she should get a solicitor on to it after the grievance phase.

 

That's right! she thought of the same and raised this issue with the insurance lady about raising grievance to it...she insists grievance will be seen negatively because there are three more grievance already not heard. She thinks employer could argue a breach of trust and confidence if I raise another grievance.

[papasmurf1cx]

That's right! she thought of the same and raised this issue with the insurance lady about raising grievance to it...she insists grievance will be seen negatively because there are three more grievance already not heard. She thinks employer could argue a breach of trust and confidence if I raise another grievance.

 

In that case see a solicitor.... this is getting very complicated for a forum and perhaps needs skilled eyes on it.

[prishan]

Seems clear dispute to me, which should be grieved about and taken to the ET to sort out. Perhaps she should get a solicitor on to it after the grievance phase.

 

That's right Papas! my mate thought the same. She raised that with the insurance solicitor about raising a grievance first but she kinda discouraged her do that saying you have three grievances not heard yet one more will be seen negatively. Employer can say there's a breach of trust and confidence and sacked her.

[prishan]

Yup papas. Its really getting complicated. We tried to get hold of a solicitor in the past but failed to find a reliable one and finance obviously was a big question and still so.

 

Any idea the best way to find an affordable and reliable one?

 

sorry asking a hard question.

 

BW

[papasmurf1cx]

"Any idea the best way to find an affordable and reliable one?"

 

Sorry can't help... against site rules.

[honeybee13]

Hello there. I can't remember if this has already been suggested, but have you seen the CAB? They should be able to put you in touch with an employment lawyer who will hopefully give a free initial interview.

 

I wonder if the home insurance lawyer was thinking that working on under the new conditions for some months amounted to something like custom and practice or acceptance, I can't quite remember all the terms? And I don't know if it's relevant, just a thought.

 

My best, HB

[Nystagmite]

You could look at community legal advise too. They might be able to help you find a solicitor.

[prishan]

Thank you so much for the enlightenment with lots of info that you all have given us .

we believe when one door closes, another opens.

we will try to make best use of the info you guys kindly shared with us.

 

Very kind of you all.

 

Thanks again. All the best.

 

Prishan

[prishan]

Hi Guys

 

came back again to tell the truth that you are doing a great job over internet helping those poor employees to be able to stand on their feet and fight for their rights!!

 

I thought its high time that I need your advice for my mate. She disclosed her disability about 6 months ago and asked for readjustments back to her contracted position. At the same time she had to go sick off work due to the stress caused by her employer as the latter forcing her to accept a demotion.

 

The HR asked her to attend Occupational Health for assessment but It was clear from Occupational Health statement that they were not provided with information of her disability other than her being sick off stress and depression. The HR was insisting for an assessment of her depression in an attempt to return her to a demoted post where she had been temporarily prior to going off sick ignoring any possible readjustment in the light of her disability.

 

She declined to attend such an occupational Health appointment and insists that sicknes policy should be followed correctly as advrtised by HR wherein a readjustment should be to a contracted post not to someother uncontracted duties.

 

She raised formal grievance against the employer's attempt in following wrong sickness policy and other discriminatory acts. Meanwhile, her sick leave completed first 6 months and HR informed her today that from the begining of this month her salary will be halved.

 

She did raise a number of grievances related to the wrong and discriminatory course of action pursued by various memebers of the management but it is now 6 months and none of these were heard. The employer utterly failed to follow theiir statutory grievance procedures but very keen to follow the sickness one rather in the wrong way.

 

Now, she wonders that why her leave absences should not be considered under disability and why she should not be entitled to full sick pay, when there is specific case laws in this regard.

 

My question is if the emplyer deliberately pursue to ignore its duty under Equality Act to do the reasonable adjustment for employee to return to work should the Court action be the only remedy for an employee available?

 

I will greatly appreciate any comments and advice as to what next step my mate should take. Should she raise a grievance against reducing her sick pay? If so what arguments she should put forward to defend full sick pay. She is planning to make an ET1 soon.

 

Thank you again

Prishan

Edited January 18, 2012 by honeybee13
I've put in a few paragraphs to make this easier to read.