Disability discrimination?

[hugelyrippedoff]

Hi, I was off sick for 8 weeks due to work related stress. My GP gave me a fit note with adjustments, these adjustments would cost the firm nothing and cause minimal inconvenience.

 

I heard nothing more for 2 months until I was sent to oc health who confirmed the same adjustment and stated that I may fall under the equality act.

 

Again I heard nothing more from work for a further 2 months until I was asked to attend a meeting. My boss stated that the adjustment could not be made, (even though it easily could) and they would move to dismiss me under ill health capability.

 

A month later I received a letter with an ill health capability hearing date. This date was postponed for various reasons and a month later I attended an ill health capability hearing where the panel decided not to dismiss me as they could find no evidence that my boss had made any attempt to return me to work.

 

My boss is now trying to arrange a back to work meeting with a view to not making the recommended adjustment still as they dont recall the panel actually stating that they had to.

 

My union says that I have no case for disability discrimination but a solicitor that I spoke to through my home insurance says I have a great case. I am worried that they were just touting for business maybe and the union is right, but the union was wrong on a couple of other points so I am not sure.

 

My employer has made it clear that they do not want me back, but I need a reference to move on which they have already denied when I applied elsewhere.

 

Anybody any ideas whether or not I have a case?

Thanks

Edited February 11, 2014 by citizenB

[Emmzzi]

work related stress that is expected to last under a year does not meet the criteria of a disability....

[hugelyrippedoff]

It is more than that, I have another condition, but i dont want to be recognised and I absolutely do fall under the equality act for disability.

[Emmzzi]

I'm going to find it really hard to offer an opinion on whether an adjustment is reasonable with no information to go on. I suggest you talk to CAB or another lawyer for a second opinion.

[hugelyrippedoff]

Thanks emmzzi, assuming the adjustment was totally reasonable would you think either the union or the lawyer was correct?

I need to put the ET1 in by tomorrow that's all. I can say that all I needed was to move rooms to exactly the same position and there was actually one available with supply staff covering it

[Emmzzi]

What you need to show is

a) you have a disability as defined by the equality act

b) your employer knew about it

c) your employer failed to make reasonable adjustments

 

All these things are subjective; I really can't offer an opinion on the strength of your case on the basis of one paragraph from one side of the story!

[hugelyrippedoff]

Forgot to add that Ive been waiting for the union to reply to me, theyve not been answering emails or returning calls which is why I am at this point. I have legal insurance which I would need to be assesed for to see if my case has a good enough chance, but obviously time is now short so I would need to get the ET1 tomorrow pending this.

The union told me that if I do that, they will not support me at work anymore, so I am just trying to see whether to go for it or not. Staff at work have told me that the boss has been saying that he will not have me back come what may and I know he has got rid of other staff in a similar way.

[hugelyrippedoff]

thanks anyway.

[Emmzzi]

Hmm. Let's see if Becky is about for an opinion. I personally would be inclined to let the boss sack me and claim that as the final act of discrimination, but she's better on timescales than me!

[hugelyrippedoff]

Thanks Emmzzi, I have actually considered that, but I feel he will be a lot less obvious this time and dismiss me for something else that would actually stand up in court, he has so many yes men/women that he could have witnesses galore.

[badback2]

Thanks Emmzzi, I have actually considered that, but I feel he will be a lot less obvious this time and dismiss me for something else that would actually stand up in court, he has so many yes men/women that he could have witnesses galore.

 

Hi Hugely. By chance i have shedloads of first hand experience in your exact scenario and options available to you. I, as a layperson, took a major employer to an Employment Tribunal under Equality Act for work related stress disability discrimination. It's a long tale. it's doable, and based on what you say the lawyers are right and the Union is wrong. On the negative I also had LEI (ie insurance cover). Solicitors under LEI are useless. In fact all employment solicitors are virtually useless when it comes to disabled claimants. Lawyers want to act for employers ; not disabled claimants. I know , based on bitter experience. CAB are generally well meaning, but also close to useless. I could guide you, but am away until late tomorrow so if you can wait a day or so i may be able to help.

[hugelyrippedoff]

Hi badback2, I would very much appreciate any info and advice you could give. I might actually have another 2 weeks as the solicitor thought that the final discrimination act was a later date but just wanted to go with the earlier one to avoid the respondent challenging anything.

When you have time again would you pm me please? It would be so good to hear your experiences etc. thanks so much again!

[badback2]

Ok. Question for moderators ....Am I allowed to pm the OP ?

Edited February 11, 2014 by steampowered
profanity removed

[badback2]

... and as a minimum call these guys - they are public body who help out with discrimination issues - they are excellent and better than any solicitor ive ever encountered :

 

 

http://www.equalityadvisoryservice.com/

Edited February 11, 2014 by Conniff
Incorrect link replaced with correct link

[smokejumper]

Your union should be supporting you and doing the et1.

 

Also if you can get proof/evidence that the boss said you aren't coming back, then that is another disability claim, right there.

[becky2585]

Hmm. Let's see if Becky is about for an opinion. I personally would be inclined to let the boss sack me and claim that as the final act of discrimination, but she's better on timescales than me!

 

Whilst I would love to help, the OP is a little too vague to give any specific advice. It's not clear whether they're even disabled; and without knowing the details of the condition, it's impossible to say whether the duty to make reasonable adjustments even arises - "may" be covered by the Equality Act may not be sufficient. I would say though that any reasonable employer would implement cost free adjustments.

 

To the OP - what were the adjustments requested? It's also impossible to advise without knowing what you wanted - we can't assess the reasonableness of the adjustments in question without knowing what they are!

 

On the time limit point - always important to get legal advice, IMO. It's theoretically possible for there to be an ongoing series of discriminatory acts culminating in a dismissal; however, it doesn't automatically follow that the dismissal is a discriminatory one, if there is a potentially fair reason for that dismissal; therefore it's never wise to rely on a dismissal to extend time limits in a discrimination case. The extreme example would be an employee who was harassed at work on the grounds of a protected characteristic over a sustained period of time, but who eventually was fairly dismissed for theft, or hitting a work colleague or something capable of amounting to gross misconduct. An unlikely scenario, I appreciate, but in a case like that, the dismissal would not be a discriminatory one and so would not extend the time limits as being a "continuing act" of discrimination.

 

Always best to work from the last solid act of discrimination to ensure you are within time limits.

[rebel11]

Hi hugely

 

Unions talk about representing the masses, but they are generally hollow on advising/representing individuals in a cohesive way. Some Unions are better then others. They will all offer you 'words', but will be lacking in 'meaningful action'.

 

You have an illness, probably a chronic condition. Most conditions have organizations that offer support, most have advisers who can offer advice, as they deal with cases day in and day out.

[becky2585]

Hi Hugely. By chance i have shedloads of first hand experience in your exact scenario and options available to you. I, as a layperson, took a major employer to an Employment Tribunal under Equality Act for work related stress disability discrimination. It's a long tale. it's doable, and based on what you say the lawyers are right and the Union is wrong. On the negative I also had LEI (ie insurance cover). Solicitors under LEI are useless. In fact all employment solicitors are virtually useless when it comes to disabled claimants. Lawyers want to act for employers ; not disabled claimants. I know , based on bitter experience. CAB are generally well meaning, but also close to useless. I could guide you, but am away until late tomorrow so if you can wait a day or so i may be able to help.

 

The crucial point you are missing here is that any person wtih LEI cover has the freedom to choose their own solicitor from the point of issuing a claim. They don't have to stick with the panel solicitors.

 

I have run several cases on LEI. I accept a lower rate to do them, and as generally speaking cases will only be funded by LEI if they have reasonable prospects of success, they tend to be cases worth running for the person involved. Whilst it is true that Respondent work tends to be more profitable, not every lawyer is money grabbing; I actually prefer Claimant work to Respondent work, as you tend to meet far more people who are actually in need of your help, and I find far more job satisfaction in helping people who are genuinely in need.

[honeybee13]

Ok. Question for moderators ....Am I allowed to pm the OP ? I know in past ive tried to help members at no charge and when ive pm'd a member i get my head bitten off by some *** and even had account shut down. Seemed an absurd way to treat a person who just wants to help. Pl comment

 

Hello there.

 

At the risk of being called names, there is a site rule about advising by PM that says it should only be done in exceptional circumstances. Reasons for this include that advice can be scrutinised on an open thread, which is for the protection of all concerned. If details are kept anonymous, there is no reason why advice should not be given in open forum.

 

HB

Edited February 11, 2014 by honeybee13
Pejorative term.

[hugelyrippedoff]

Hi Thanks to you all for advice. I didnt realise the PM thing so am sorry for requesting it. I have put a claim in today to be assessed to see if house insurance will cover it so will update when I know. I have also contacted a legal aid helpline, apparently I will qualify for legal aid and the solicitor is willing to represent me and also says that I have a good case so that is 2 saying the same thing now.

I just dont understand the unions stance but Rebel I do agree with your take on it. Becky I have had a condition since 2002 and my GP and oc health both say that I am covered, but oc health told me that they have to put 'may' as it is up to a tribunal judge and he also wrote that on the report. My GP even told me to go to a tribunal and he would support me as much as he could.

I cannot put any more info on at the moment for fear of being identified, sorry. Also Becky I agree that if I go back to work they will just dismiss me for something fair, such as a trumped up capability charge or something. I know my boss! That is why I feel that I need to do this now. Colleagues are either scared for their jobs or up the bosses behind so I cannot count on any witness statements.

 

There is much, much more to this case than just disability discrimination and I have lots of evidence. Tbh even if the disability discrimination doesnt get upheld there is so much more that it doesnt matter tremendously but I would like to include it if at all possible as I know for a fact that it was their intention as they have made derogatory comments about my condition, on many occasions.

Thanks again everyone, all input is very much appreciated x

[citizenB]

Is your condition so unique that you would/could be identified from it ?

[hugelyrippedoff]

Is your condition so unique that you would/could be identified from it ?

 

No its not unique, but all the other factors in combination might identify me. Sorry to be so vague but I have been through a living nightmare this last year and at least a year leading up to it was hell, so I dont want to forewarn anyone about what I am planning.

[citizenB]

Understood.

[hugelyrippedoff]

I merely wanted to know, on the face of it, (assuming that disability is a sure thing and assuming that the reasonable adjustments were completely reasonable) if the scenario sounded discriminatory. I totally understand that I have not given you enough to go on but have found a second opinion now anyway.

I will of course come back and update the thread when all is over, with full details and outcomes.

Thanks for everyones input.

[rebel11]

What is useful is where organizations (CAB) has given working examples of conditions covered under the Equality Act.

 

http://www.equalityadvisoryservice.com/ci/fattach/get/590/1354033733/redirect/1/session/L2F2LzEvdGltZS8xMzkyMTMxNDA3L3NpZC9mZk5rLUZNbA==/filename/individual-rights1.pdf

 

http://sta.geo.useconnect.co.uk/equality_act_2010/equality_act_2010_what_do_i_n.aspx

 

This is interesting:-

 

Proving disability and reasonable adjustments - Equality and ...