Tribunal Disability Discrimination Claim

[hello26]

I need help please. I am claiming for disability discrimination at the tribunal. Unison decided not to represent me because their legal advice stated that I had little prospects of success; however if the tribunal where to decide that the items in my claim amount to a continuing act the my chance improve to more that 53%. Anyhow I got the sense that Unison lawyer are rubbish and do anything they can to turn down cases so as to safeguard the single yearly lump-sum they get from unison.

 

I have suffered from long term work related stress and other chronic ailments that are aggravated by stress.

 

I was bullied at work by my supervisor which resulted in work related stress, depression and worsening of my chronic illness.

 

In my grievance I requested a change of department as my relationship with management had broken down and was causing me mental health problems and deterioration in my physical health. I have a heart problem and take beta-blockers that make me tired and impact on my ability to carry out my duties. I have since moved to a new job and cut down my working hours from full-time to part-time (2 days a week).

 

The responded in my case has stated that they did not discriminate against me because their Occupational Health adviser did not recommend reasonable adjustments because of my disability but because the relationship between myself and my managers had broken down, although the report mentions work related stress and my other health ailments and how the stress has impacted on my ability to work.

 

Now how do I challenge the responds assertions?

[honeybee13]

Hello and welcome to CAG.

 

The guys on the employment forum should be able to help you. I'll move your thread there and leave a short term redirect on this forum.

 

My best, HB

[hello26]

Thank you

[hello26]

Anybody

[Sidewinder]

I think it would help if we could learn a little more about the causal factors.

 

When did your condition start, was the employer aware? What sot of reasonable adjustments do you feel might have improved the situation at work? Did you at any time raise a grievance relating to the perceived bullying? What was the response?

 

From the outline that you have given, it is difficult to see a clear case for DD, and I suspect that this, more than anything else would be the reason for Unison being unwilling to take on the case. I very much doubt that you will be able to make a good enough link between an act of bullying, founded or otherwise, and an employer's failure to act, being a discriminatory act.

 

Would the employer have acted differently in similar circumstances if the 'victim' was not disabled? If so, and if this can be demonstrated, then this would be a detrimental act. As things appear, whilst the employer may have let you down in terms of not protecting you from bullying, but that doesn't correlate to an act of discrimination.

 

That is my reading of it from your OP. Why discrimination and not Constructive Dismissal?

[hello26]

Sorry I wasn't clear. My condition started in 2009 I suffered from work related stress as well as a heart arrhythmia that requires me to take beta blocker and also have high blood pressure. Although I recovered from the work related stress my heart condition continued to date. In 2011 I had further work related stress from October to January 2012 and again in June to October 2012. My employer has known of my condition since 2009. Unison did not assess the DDA but other aspects of my claim which are strong but may be considered out of time by the tribunal unless if continuing act applies.

 

I raised a grievance on the ground of bullying and requested a change of department as reasonable adjustment to relieve the stress as the relationship with my manager had broken down irreparably and this was turned down. During the time I was off sick last year my sick pay was reduced to 1/2 pay. Unison requested an extension as reasonable adjustment considering my disability and again this was turned down. I went through the grievance process up to an appeal level with no success. What my employer is saying is that they do not think I am disabled. I have to provide a medical report to prove my disability. Furthermore their Occupational report which I am relying on as evidence, recommended change in departments becoz of the breakdown in relationship rather than my disability, however the report does state that DDA is likely to apply.

 

My question is what is the significance of the Occupational health report recommendation?

 

I think the issue of comparator differs depending on whether one is claiming for direct disability discrimination or failure to make reasonable adjustments. I did seek legal advice on the DDA (failure to make reasonable adjustment) and was told that my case will depend on whether I can prove that I am disabled. I couldn't afford to retain the solicitor.

[honeybee13]

Hello there.

 

Do you have any legal protection cover with your home insurance? That might pay for you to consult a lawyer.

 

My best, HB

[hello26]

unfortunately I changed the provider of my home insurance while the grievance was ongoing and had submitted a claim to the tribunal. This meant that as it was an issue that occur prior to taking up the policy it was not covered.