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

[Emmzzi]

Hello,

 

15 minutes to consider an offer is derisory and shouldn't have a negative impact on you.

 

You'd normally only have costs awarded against you if your claim was vindictive/ malicious.  So possibly more scare tactics there also.

 

If the court decide they don't have jurisdiction they will reject the claim, so again, not for your former employer to decide.

 

Really I am unsure what they are trying to do here. It's such a small amount, it feels like game playing. I assume your claim is covered by page 19 of this? https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/792702/t420-eng.pdf

 

In which case, crack on.

 

 

[Emmzzi]

Unsanitary is gross but not the point here; bad back and rubbish chairs is.

 

Do you have

 

a) support that you are considered to have a disability under the equality act, for example, a GPs report which you gave your employer? (you say your surgery was a success so it is far from cut and dried you have a disability)

b) evidence of your request for reasonable adjustments?

 

I am unclear if you were dismissed or resigned; that may also have an impact. 

Edited February 5, 2020 by Emmzzi

[Emmzzi]

I am confused about why this is an ET and not an injury claim.

 

They are under no obligation to terminate your contract.

[Emmzzi]

1 minute ago, Mld2072 said:

The complaint was failing to provide a safe clean working environment & disability discrimination in falling to rectify the broken chairs. Do i not have a case then?

 

I'm not sure. Working environment - I would have raised with the Health and Safety Executive. 

 

There is a difference between *causing* a disability,  discrimination due to a disability, and failure to make reasonable adjustments.  Bit grey for me; I am not sure I would consider you disabled at the outset if your surgery worked; but with a pre existing condition, it would also be hard to say they caused the injury. 

 

What exactly did you put on your claim form?

[Emmzzi]

My belief is that:-

 

1) they haven't unfairly dismissed you - you have not been dismissed at all. Presumably if you were well enough to work again, you could turn up and work.

 

2) they haven't discriminated because of your disability - I assume everyone gets rubbish furniture!

 

3) you also need to claim within 3 months of the incident - it's been a year?

 

You MAY have something in the area of failing to make reasonable adjustments - but the court need to decide if you have a disability. It's not certain.

 

Therefore, I am unsure if you have a valid ET claim. My gut is saying it should be an HSE complaint, which is usually magistrate court, not an ET, to resolve

 

https://www.compactlaw.co.uk/free-legal-articles/health-and-safety-at-work.html

 

That would leave you making a civil claim for injury - no win/ no fee specialist lawyer for a view would not be a bad shout

 

Report to HSE here

 

https://www.hse.gov.uk/contact/concerns.htm

Edited February 5, 2020 by Emmzzi

[Emmzzi]

So as I say, possible reasonable adjustments failure. You will need to provide proof you have a disability, if it gets that far. Difficult to advise further without knowing what you said you were claiming for in detail; try and get a copy of your form from the court.

[Emmzzi]

I'm saying that your paperwork suggesting you have a disability is not the same thing as the court saying you had a disability in the relevant time period. It is the court who decide.

 

I HOPE you wrote failure to make reasonable adjustments, but neither of us know that, because neither of us have the form!

 

So I don't know if you have a case, because there isn't enough information to make that call.  Fingers crossed though!

[Emmzzi]

Do you have the letter telling you what will be discussed? Any clues there?

 

 

https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals/preparing-an-employment-tribunal-case/

 

 

[Emmzzi]

If the case it truly hopeless, I don't understand why they need a barrister.

 

The claim may be misguided, but it doesn't sound malicious.

 

I am sorry i can;t give proper advice without knowing what your claim actually was. Have you tried calling the court? They are often very helpful especially to the lay person. You may also want to see if any hearings are scheduled for today or tomorrow that you can observe, so you understand what will happen.

 

 

[Emmzzi]

Your best shot might be failure to make a reasonable adjustment for a disability.

 

But I would ALSO report to HSE

 

AND see if you have an injury claim

 

Can you demonstrate you have tried to mitigate your losses i.e. do you have job applications etc since it became clear you could not work there?

[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!.

[Emmzzi]

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

[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?

[Emmzzi]

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

[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.

[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

[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!

[Emmzzi]

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

[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.