investigatory meeting and equalities act

[tallyho]

hi everyone - I'm hoping for a little help?

I'm having a really rough time at work- and it is seriously affecting my mental health to the extent I have been signed off for the past 6 weeks. I was told to attend an investigatory meeting with HR regarding allegations that happened approx 8 months ago. the time this dragged on has led to my mental health issues - unbelievably - OH are being very supportive of me! meeting is Wednesday.

basically- on looking at info I SAR'd from organisations OH company- there are two individual reports from two members of staff dated in the month the incident occurred stating that my disability falls under DDA ( equalities act), and pointing out their obligation to me to make reasonable adjustments- and making suggestions.

None of this was put into place ( or fed back to me), the incident that occurred is directly related to my disability- but I am being accused of doing this deliberately.

No action has taken place by the organisation to put in place reasonable adjustments, and a development plan that was devised for me in August of this year included performance items directly related to the traits identified by THe OH people that I needed help with( reasonable adjustments)- but no adjustments have taken place.

Basically - I have been told the organisation are looking to get rid of me - and I am fighting for my job and career here.

I feel I need to raise a grievance here under equalities act - but would like advice when the best time would be to do it?- before the investigatory on Wednesday- or wait till after? also should I raise an Et1 to tribunal - I don't want it to go out of date. Union rep is useless.

any advice is very gratefully received- I can't give much more detail as they are watching my every move!!!!!!

[Emmzzi]

It might be helpful to outline the kind of adjustmet suggested - not all adjustments have to be made only "reasonable" ones - so eg a 24 hour interpreter by your side may not be reasonable, an ergonomic chair or desk may be.

 

I always say whack in the ET1 as soon as you are aware you may have a case, as you can always withdraw it, so nothing lost except ill will - which you already have! Grievance is up to you but I'd be inclined to pop it in on the basis you have little to lose.

[tallyho]

many thanks emmzzi.

my difficulties are due to my recently diagnosed hearing impairment. I identified I was struggling in large meetings, particularly when people were talking over each other.I requested an A2W assessment re anything that may help- personal/portable loop systems etc - my hearing aides are wi-fi enabled so it would only require a small ( inexpensive ) transmitter- also OH doc recommended other things such as good lighting to enable lip reading, reduction of background noise, chairman to be aware, and conduct meetings so only ne person to speak at time. all minutes to be given to myself asap after meeting, and opportunity for supervisor to go over salient points to ensure i fully understood them.

I'm not the type of person who expects everything done for me- and am fully prepared to action many of these things myself- if I had received a copy of them!!

the action plan prepared for me, following managers receiving this advice. includes my attendance at all organisation meetings, and monitoring of my performance at them!! without the recommended adjustments in place- talk about setting someone up to fail!

[Emmzzi]

None of that seems excessive to me - I think a politely worded grievance, but being clear it IS a formal greivance (for example heading the letter "submission of grievance under company X greivnace policy", would be appropriate

[SNALF]

Hello Tallyho. 8 months is far too long to be dealing with a conduct issue, they need to deal with this within a reasonable time close to the incident so 8 months is very unreasonable. Can you give me a brief details of what occurred 8 months ago which they are now investigating with you? Separately, they need to make reasonable adjustments regarding your disability and in your position, I would raise a grievance immediately about that. Put it in regardless of the outcome of the investigation meeting. I would hold back on the ET1 until they've sorted your grievance out as you don't want to damage the relationship further at this point if it can be sorted internally, but once you have given them the chance to do so and it's still not acceptable, then put in the claim. Hope this helps.

[tallyho]

thanks Employ Law.

the investigation is around a large organisational meeting I attended as directed. I was presenting some information as requested, and unfortunately answered 'yes' rather than 'No' to a question asked of me. there were several people talking at once, and a lot of background noise.It wasn't raised with me until nearly 8 weeks after the event-so obviously I don't have a clear recollection of the conversation- or what i perceived I had heard. Unfortunately this scenario is very common to people who are hearing impaired.

I am being accused of deliberately giving false information to colleagues, unfortunately there were a large number of people in the meeting who have been interviewed who have all said- 'X said yes, etc. etc '.

A formal complaint was made by colleagues, and when asked about it by my manager- i immediately said- No- I id not do that ( what I had replied yes to- not to denying i had said yes).

since then ( and before) there has been close scrutiny of me and my work,leading to mental stress at doing something further wrong, and panic attacks at the thought of speaking to colleagues in case I have gotten it wrong!

the department i work in is looking to reduce the number of staff at my level, so I have been increasingly stressed by this also, as well as the investigation, leading to a complete mental breakdown - which both my GP and works OH contribute to 'workplace stressors'

since being signed off- I've been told by a colleague ( hearsay I know - but still worrying) that they have reallocated all my work, and told people i will not be returning:sad: