disability discrimination & failure to provide a clean & safe working environment - ** RESOLVED **

[ocd2000]

Everything you offer i am really grateful for. It is helpful and gives me a bit of insight. To be honest it is scaring me a bit now.

 

I asked repeatedly for a transfer elsewhere but they would not offer anything reasonable. They knew i had no transport and the only offer made was sites which were so far away the first train of the day wouldn't even get me there on time, which would have left me open to disciplinary for being consistently late if i had accepted.. I was literally stuck there.

 

I claimed SSP until it expired then under UC i was sent to see a DWP Dr who deemed me as having limited capability for work & have been on benefits ever since.

 

HSE would be closing the door after the horse bolted surely? This happened a year ago. 

 

 

[Emmzzi]

is it likely or unlikely they've made the place less awful?

 

HSE is not for your benefit, but for that of other employees still there.

 

Don't be sacred. Only a numpty takes a barrister to a preliminary. Chances of you paying costs are remote. It might get thrown out but then what have you lost?

 

Would you take the offer if it was higher? Decide what you would take so if it comes round again you are not caught by surprise!.

[ocd2000]

Definitely i would have taken a higher offer yes. 

 

The place according to my old work mate is still pretty grotty but a full risk assessment was conducted after i made all the noise & there were movements in cleaning it up - but i still have dated photographs taken after the so called deep clean showing my stationary & paperwork still covered in mouse droppings.

[Emmzzi]

work out what the number you would take is, and tell them.

[ocd2000]

Ok. I would have earned £23,000pa had none of this happened,  but i am not really sure what figure i can sensibly ask for that wont be laughed at. I don't see them giving me a years lost income. 

 

My partner thinks half a million. I think that's just cuckoo land.

Edited February 6, 2020 by Mld2072

[Emmzzi]

I don't either. Deduct benefits you received as a minimum. 

 

But; what is it worth to you, for this to be over with before Monday, taking into account you haven't shown us you have a terribly strong case, haven't followed (as far as I can tell) a formal grievance policy, and have not stated what your claim is in very helpful terms to the court?

 

You said you were speaking to a lawyer earlier - what did they say?

[ocd2000]

Rather helpfully HR invited me to raise a grievance against the manager after they knew he had already resigned. Still waiting for the call back.

Edited February 6, 2020 by Mld2072

[Emmzzi]

And the outcome of the grievance, which you of course documented in writing, was...?

[ocd2000]

There was no grievance. As i said, he had already left the company when they invited me to do so.  You can't raise a grievance against someone no longer employed by the company.

[Emmzzi]

You can raise one against the company.

 

I am not sure you have helped yourself much here. You certainly cannot demonstrate you have exhausted internal procedures. I wish I had better news.

[ocd2000]

I wasn't told who or how i could raise a grievance against anyone. It didn't even occur to me that i needed to.The thing is it was never really made clear to staff what the internal procedures even were in these situations.  Our point of contact was management & everything went through them.

 

It turned out it was management (or lack thereof) that was the problem. After repeated complaints to management, i then went above management and complained to HR. I just didn't know what else i was meant to do. I was completely exhausted of the situation by then & went to HR in sheer desperation.

 

I will offer an amount to withdraw my complaint, but realistically (and to ease my panic attacks), what is the very worst that can happen monday?

Edited February 6, 2020 by Mld2072

[Emmzzi]

Probably that you get your case dismissed, because it's not one for an ET, and you feel a bit daft

 

Or that it gets accepted, but you realise you have no actual evidence related to the case

 

Some people deal with the stress just fine. Some don't.

Edited February 6, 2020 by Emmzzi

[ocd2000]

To be honest its all the Barrister stuff that unnerves me. 

[Emmzzi]

Well, we've been at this for two days now. I'm all out of answers. If anyone else wants to chip in they should feel free!

[ocd2000]

Well thanks for what you have contributed. I am thankful to you. I've told them i will withdraw my complaint for a higher offer so it's back in their court now. Let's see what happens.

[ocd2000]

Well it's all academic now. The court just phoned me. There's no judge available Monday so it's been postponed until july or august. 

[Emmzzi]

Enough time to speak to a lawyer then. All good.

[ocd2000]

48 minutes ago, Emmzzi said:

Enough time to speak to a lawyer then. All good.

Absolutely. Hand of God & all that. 

 

 

Thank so much for your advice on this Emmzzi. I have taken what you have said on board & am grateful to you for giving me some time on this. 

[ocd2000]

Just a thought i had. Now that the case has been postponed, is it likely they will again offer to make a settlement next time the hearing is about to be heard?

[ericsbrother]

you dont say what the job is.

 

PUWER would cover the chair and insanitary conditions also a HSE/council matter so it boils down to whether you asked them for a more suitable chair/other reasonable adjustments to make allowances for your condition that would then allow you to carry out your functions in that role.

 

Now who else does the same sort of work and do they use the same make of chair?

they may argue that they are a bad employer but treat all of their staff like dirt so no discrimination.

 

The lack of a specific approach to your employer for them to look at this as a disability issue and them rejecting any suggested adjustments may well be the decider,

 

putting up with it sonce 2015 wont help

so you will need to show that you have raised it as a specific issue and that isnt clear in your post above as it appears to be just part of a general complaint about working conditions.

 

I wish you well but you should have taken advice earlier as that would have made things a lot easier for you to stick to the point as they certainly wont want to be doing that

[ocd2000]

With all due respect, getting advice before doesn't really help a great deal now.

We are not at before.

We are at now & it's going forward from now i need advice on, not what i should have done before.

That ship has sailed already & i can't go back.

 

PUWAR means nothing to me unfortunately. I have no idea what it means?

 

I've not put up with it since 2015.

I didn't say that.

I said i was moved to the site in September 2018 and complained immediately. 

 

I have the letter i sent welfare specifically complaining about the broken chair i was sitting on.

Welfare did not act on this letter.

No new chair was provided.

No temporary replacement was provided.

Reasonable adjustments were not made.

[ocd2000]

I've just had a revised offer. They have agreed to pay an out of court settlement of £2,500 & termination of my contract. 

 

Not a great deal of course, but it means this could all be over & i can move forward.

[Emmzzi]

1 hour ago, Mld2072 said:

I've just had a revised offer. They have agreed to pay an out of court settlement of £2,500 & termination of my contract. 

 

Not a great deal of course, but it means this could all be over & i can move forward.

given the lack of documentation you have, you know what I'd do.

[ocd2000]

I do. And i am. Thank you. I've spoken to an employment lawyer & he has pretty much echoed everything you've said. I think this is the best outcome i can hope for. 

[ericsbrother]

PUWER- provision and use of work equipment regulations, part of the "6 pack" of health & safety laws introduced back in the 80's. The employers lawyers will be all over that as it clobbers your claim and the sad thing is you still miss the point about the difference between the 2 different bits of legislation and their relevance and implementation. The only saving grace is the more recent Equalities Act will take precedent because it is more recent so that gives you a small window of opportunity.

I concur with Emmzi on  thoughts about the offer, they will have costed a day out in court with all the attendant costs and reached a figure that makes it work for them so they arent going to improve upon this