Disability discrimination & et time frame

[Richgazza]

Hi,

 

I am trying to find out if anyone with hearing loss that has been discrimiated against by an employer has filed an Employment Tribunal claim that may be out of time?

 

My Case

 

I have been working for my employer (A major Bank) for nearly 4 years, they were aware of my hearing impairment since I joined the company. In 2010 they made changes to my working enviroment which became fully opened plan, more colleagues/desks and a public area nearby. With no solid walls or anyway that I could minimise noise levels, I ask my manager to relocate me to one of the offices on the next floor which was denied on the grounds that she couldn't keep an eye on all of us so wanted us to be where she can see us.

 

This lead to a deterioration of my work perfomrance, I became depressed and unmotivated which was highlighted in my annual performance review in Jan 2011. During this meeting my manager deemed my performance as below company standards and going forward this would cause problems. I continued to raise my concerns with regards to my working area and the impact this was having on my health. My managers comments were that if I was in the business, I am fit and able to do my role.

 

This cause me to breakdown which lead to immediate leave from the business. My GP signed me of with anxiety.

 

I returned brielfy in March last year under the advice from AXA. AXA had arranged a workplace assessment with RNID which would follow upon my return.

 

Since my first day back at work, my manager put me on a performance and attendance plan. This was focused around delivering to sales and expectations as a normal worker. When I explained that I was uncomfortable with this, they said this is poilcy. RNID assessment followed 2 weeks later but my employer by that time had put me in a very uncomfortable position which caused a decline in my health. The RNID assessment soon put some suggestions but my employer did not respond to these verbally and decided to wait to the report to be documented.

 

4 weeks down the line, no report was received, targets fully set in place which I continued to struggle, capability management was mentioned on several occassions that I was in fear of my job. I couldn't continue and under the advice of my GP, I was signed off again.

 

Throughout my absence, I had cooperated with my employer, attended meetings to facilitiate a retrun to work but they wouldn't allow this to happen until I had consulted with NHS and was fitted with any appropriate equipment. I advised that this would take some time. Until this was done, my employer wouldn't action any further suggestions from RNID.

 

My consultations with NHS was completed in Dec last year. Feeling vulnerable and apprehensive about my return back to work, I contacted Shaw Trust. It was decided that they would attend (With me) a workplace meeting with my manager to plan ahead for my return.

 

The meeting happened in Jan this year. My Manager was quick to explain that when I start back, I would be on a plan again and that they would consult with RNID to do a new workplace assessment and we will use a trial and error period to determine whether I am capable of doing the role going forward. My return date was set for 1st Feb 2012.

 

In Jan, (Feeling stronger and moving away from the dark cloud) I raised a formal grievance against my manager over the her conduct and the poor handling of my RA's. I then raised a ET claim.

 

On my first day back in work, the management couldn't have been more acommodating....I was told that I would not be put on any plans, I was to be away from selling, take my own time to adjust until a RNID assessment was done etc etc. WOW! What a change!

 

My grievances meeting were held, but none were granted in my favour. Instead they fully denied that I raise any difficulties with my hearing, my manager denied any conversations I had with her!

 

To date.....My ET case is fully supported by my solicitor which I am paying for, However, the solicitors representing my company have deemed my claim to be out of time that the ET have no jurisdiction to hear my claim especially as there is no continuing act of discrimiation as my employers are now doing everything they can to implement RA's. It has been suggested that the deadline to raise this would have been Dec 2011 (Whilst I was away from work).

 

Has anyone encountered a similar situation, this case does sound 'complex' I admit!

 

Any thoughts and suggestions will be appreciated.

Edited July 3, 2012 by Conniff

[lbruk]

Hi and sorry to hear about your problems.

 

OK first thing is that the respondents solicitor will always use the "out of time" clause, just because they can. There is a 3 month limit from the discriminating act to when the claim is brought. However, this time limit can be extended by the judge. The only time extensions will be granted is if there is a substantial reason why it is just and equitable for the 3 month limit to be extended. Basically - there has to be a good reason why the limit is extended.

 

So for example - if you ended up in hospital, that would be a just reason for the claim not to have been filed in time. If you were so severely depressed that your thinking was so distorted that it would wouldn't have been reasonable for you to file it in time.

[Browncow]

Hi,

 

I am trying to find out if anyone with hearing loss that has been discrimiated against by an employer has filed an Employment Tribunal claim that may be out of time?

 

My Case

 

I have been working for my employer (A major Bank) for nearly 4 years, they were aware of my hearing impairment since I joined the company. In 2010 they made changes to my working enviroment which became fully opened plan, more colleagues/desks and a public area nearby. With no solid walls or anyway that I could minimise noise levels, I ask my manager to relocate me to one of the offices on the next floor which was denied on the grounds that she couldn't keep an eye on all of us so wanted us to be where she can see us.

 

This lead to a deterioration of my work perfomrance, I became depressed and unmotivated which was highlighted in my annual performance review in Jan 2011. During this meeting my manager deemed my performance as below company standards and going forward this would cause problems. I continued to raise my concerns with regards to my working area and the impact this was having on my health. My managers comments were that if I was in the business, I am fit and able to do my role.

 

This cause me to breakdown which lead to immediate leave from the business. My GP signed me of with anxiety.

 

I returned brielfy in March last year under the advice from AXA. AXA had arranged a workplace assessment with RNID which would follow upon my return.

 

Since my first day back at work, my manager put me on a performance and attendance plan. This was focused around delivering to sales and expectations as a normal worker. When I explained that I was uncomfortable with this, they said this is poilcy. RNID assessment followed 2 weeks later but my employer by that time had put me in a very uncomfortable position which caused a decline in my health. The RNID assessment soon put some suggestions but my employer did not respond to these verbally and decided to wait to the report to be documented.

 

4 weeks down the line, no report was received, targets fully set in place which I continued to struggle, capability management was mentioned on several occassions that I was in fear of my job. I couldn't continue and under the advice of my GP, I was signed off again.

 

Throughout my absence, I had cooperated with my employer, attended meetings to facilitiate a retrun to work but they wouldn't allow this to happen until I had consulted with NHS and was fitted with any appropriate equipment. I advised that this would take some time. Until this was done, my employer wouldn't action any further suggestions from RNID.

 

My consultations with NHS was completed in Dec last year. Feeling vulnerable and apprehensive about my return back to work, I contacted Shaw Trust. It was decided that they would attend (With me) a workplace meeting with my manager to plan ahead for my return.

 

The meeting happened in Jan this year. My Manager was quick to explain that when I start back, I would be on a plan again and that they would consult with RNID to do a new workplace assessment and we will use a trial and error period to determine whether I am capable of doing the role going forward. My return date was set for 1st Feb 2012.

 

In Jan, (Feeling stronger and moving away from the dark cloud) I raised a formal grievance against my manager over the her conduct and the poor handling of my RA's. I then raised a ET claim.

 

On my first day back in work, the management couldn't have been more acommodating....I was told that I would not be put on any plans, I was to be away from selling, take my own time to adjust until a RNID assessment was done etc etc. WOW! What a change!

 

My grievances meeting were held, but none were granted in my favour. Instead they fully denied that I raise any difficulties with my hearing, my manager denied any conversations I had with her!

 

To date.....My ET case is fully supported by my solicitor which I am paying for, However, the solicitors representing my company have deemed my claim to be out of time that the ET have no jurisdiction to hear my claim especially as there is no continuing act of discrimiation as my employers are now doing everything they can to implement RA's. It has been suggested that the deadline to raise this would have been Dec 2011 (Whilst I was away from work).

 

Has anyone encountered a similar situation, this case does sound 'complex' I admit!

 

Any thoughts and suggestions will be appreciated.

 

"Out of Tme" was argued by the Respondent's barrister right up until the end of a 5 day hearing. It was hot air. The incidents in a discrimination case usually extend over a long period. Anthing that happens 3 month prior to lodging the ET claim can form the basis of the case and all that went before can be included as background. It is your solicitor's opinion that counts.

 

I see that you are paying for legal representation yourself, that must be costly.