Judgement in Disability & Unfair Dismissal Case

[rightsforme]

My friend is an insulin dependent diabetic which has also led to the added complication of retinopathy. He was dismissed under gross misconduct after making a paperwork error whilst at work due to his sugar levels not being stable, however they refused outright to look at this as a possibility. They finally admitted that he was covered under the equality act 2010 which meant they had a legal responsibility to seek medical advice which the company did not and refused to do in any way shape or form.

 

Question 1: Legally how can insulin dependant diabetes be allowed to be classed as occasional especially when the person is covered under the act as occasional would not be covered if it was only occasional?

 

Question 2: Why can we not obtain Legal representation, No one wants to know once they know who the company is, which is a worldwide well known company known by all the big solicitor companies. Can anyone advise where we can obtain a solictor that believes in justice? (David v Goliath)

 

Question 3: ET Judge declared interest as family member worked for the company and we have additionally learnt that the companies representative is also an ET Judge. Have read the T&C's and this is not allowed could someone confirm if this is still the case.

 

How do we get a copy of the notes and transcript of the hearing as loads is missed out and appears that it was not a unanimous decision.

 

Am looking at going to EAT on points of law, perversion and bias. Any help to how to do layout for the appeal would be helpfull.

[Emmzzi]

1. "occassional" is not a thing you can be. Occassionally what?

 

2. anyone who will take your money. they are professioanls, they want paid, and they don't want to spend weeks in court against someone who will pay for weeks in court just because they have the cash.

 

3. have you actually asked for a change of judge? What was the reply? If you don't object, they don't have to do anything.... that one is your fault.

 

Note you can ONLY appeal on a point of law or peversity. Peversity is bascially saying "the judgement is so whacky, NO ONE EVER could have decided that! Peversity almost never succeeds, I wouldn't bother. You need to get focussed. What point of law?

[Emmzzi]

p.s. just to argue the toss, and because I know a few insulin dependant diabetics so am familiar with what they need to do...

 

a) whose responsibility to keep sugar levels stable?

b) whose responsibility to say "ooh, bit wobbly, I am going to stop doing this detailed work and go stabilise?"

c) whose responsibility to keep emergency snacks etc in their bag?

 

Disability is not a get out of jail free card. On the limited information you have given - I would say you have a poor case. Probably related to your inability to get a solicitior. If it were absence or attendance, or failure to allow measuring equipment or a clean place to inject, or to allow a five minute break for biscuit eating - ok. But that is not the case - disability doesn't translate into "make all the mistakes you like."

 

I say this is a disabled woman who works bloody hard to be treated like everyone else! I ask for no adjustments unless I need them, and get irritated with people who give my condition a bad name. It makes it so much harder for me to overcome bias and ignorance!

 

I believe the kindest thing to do is to stop dragging it out and help your friend move on with their life. Unless you have substantial additional circumstances to be taken into consideration.

Edited February 15, 2013 by Emmzzi

[rightsforme]

It is actually a case where my friend was in need of adjustments. My friend had also been off work for lengthy period of time after being taken to hospital from work. My friend was forced to return to work and faced the threat of dismissal for any further time off even though they knew it was directly related to my friends diabetes and sugar levels not being under control, this was no fault of my friend who does everything they can to manage there diabetes. My friends work environment does not always allow for the measures required at times due to the nature of my friends employment and in fact I was able to prove my friends case by admission of the judge. however in order not to comply with the law the judge decided to state my friends diabetic problems as occasional even though it had been conceded that my friend was covered under the equality act which of course would not be the case if that were so and there is plenty of evidence supporting those problems. I am as I have said preparing to take my friends case to the EAT on misapplying the law in numerous areas, pervisity and bias. Obviously I cannot disclose full details on here as that may identify the employer and my friend and not only am i taking this further for justice for my friend but also for other potential victims should they get away with what they have done.

[Emmzzi]

Diabetes managed correctly is ocassional in terms of effects. What does the medical report say? Although from your tone I am thinking no argument will sway you anyway?

[mariefab]

If you want the reasons for the judgement you must apply for them, in writing, within 14 days of the judgement being sent.