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Discrimination

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  • #46
    Sorry meant anyone please advise lol

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    • #47
      Anyone advise please?

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      • #48
        Sorry but we do not provide recommendations.
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        If you have any doubts then do please seek professional legal advice.


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        • #49
          Thanks, what about my last question

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          • #50
            I presume by last question you mean the one asking whether given you are being offered a demoted job as a "reasonable adjustment" by your employer and they are not offering
            pay protection are there now grounds for a disability discrimination case at a tribunal.

            You may have a case but if you are speaking with an employment lawyer then it may be useful to discuss this with them.
            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You canít always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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            • #51
              Thank you

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              • #52
                Hi
                My grievance was not upheld and i am awaiting a decision on my appeal still. They took 3.mths to issue a decision on my grieveance and i put my appeal in ths ago.¬* I am about to put in for early concilliation but i have been told that i have missed the 3mths minus 1 day. I believed i was ok re timescale as the discrimination is still ongoing. Cam someone please advise.¬* ¬* Sorry for no paragraphs etc but system doesnt seem to be working

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                • #53
                  Have ACAS told you that the deadline is missed, if so have they explained the reason.¬* I have referred back to my previous posts and in early Oct 2019 reminded you about the time limit and advising that you put in for early conciliation.

                  In discrimination cases, claims must be lodged within three months less one day of the act or acts of discrimination about which you are complaining. Where there has been continuing discrimination or a series of acts of discrimination, the date from which the time limit starts to run will differ. However as advised you should have put in an application for early conciliation at the same time as raising the grievance to ensure that you acted in accordance with the timescales required to make a claim.

                  From the timeline of the thread and the actions your employer took, it would have been around the August time when they offered a demoted role but not on the same salary that appears to have been the last potential act of discrimination. After that you submitted your grievance and it may well be the August from which the time period of 3 months less a day is being calculated.¬*
                  I do my best to provide good practical advice, however I do so without liability.
                  If you have any doubts then do please seek professional legal advice.


                  You canít always stop the waves but you can learn to surf.

                  You are braver than you believe, smarter than you think and stronger than you seem.



                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

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                  • #54
                    Thanks, they have informed me.tonight that my appeal was not upheld so i still have to work nights. They have mentioned redeployment again. But i still believe that the discrimination is still taking place

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                    • #55
                      Also acas advised that it would prob be up to a judge to decode

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                      • #56
                        Hello,

                        I've read through your posts and am sorry that you've been going through the miller for some time.

                        I did want to ask a few questions and understand your case a little better:
                        • How confident are you that your case is covered under the Equality Act 2010? It would be great to understand what your condition is, but I understand that is personal and you may also want to consider if it might identify you to your employer. That said, any clarity you can offer as to how you know it meets the standard would be great (do you take medication regularly, how often does your condition flare up, etc., etc.).
                        • Has your employer referred you to their occupational health or asked for any information from your GP?¬*
                        • Do you have any medical evidence (i.e. from your GP) that shows your disability has a significant negative impact on your day-to-day-life?
                        • When exactly did the last act of discrimination occur, or would you suggest the discrimination is ongoing (due to you working nights)?
                        Jumping ahead, past the questions above, let's get down to brass tacks about the next step: using the law through employment tribunal action.
                        1. You must be able to show that you are disabled under section 6 the Equality Act 2010 in order to benefit from its protection. This isn't necessarily difficult, but you can't just say 'I'm disabled'. A report from a medical professional, such as your GP or an occupational health specialist, is very useful. You may even wish to get one yourself, if your employer has not requested on (it will reflect poorly on them if they did not get one, particularly prior to dealing with your grievance and appeal).
                        2. You need to be rock solid¬*about when the discrimination took place; if it was a one-off act, you get¬*three months less one day to bring a claim. However, if the discrimination is continuing, then in theory, you don't have to worry about this, as every time you are required to work a night shift, you are suffering discrimination. Best to act quickly, though.
                        3. Then you need to be sure about how you are being discriminated against. It's not enough to prove that you are disabled. You need to make a clear link as to what your employer is doing to you, or requiring of you, that affects you negatively because of your disability.
                          • For example, based on your comments, you are likely to be suffering one (or both) of two types of discrimination:
                            • Indirect discrimination: this is where your employer treats everybody the same, which on the face of it is fair, but it disproportionately affects a group of people. In this case, disabled employees, and specifically you. This can be hard to demonstrate and I'd recommend reading up on it -¬*section 19¬*of the Equality Act 2010.
                            • Discrimination arising from disability: this is covered by¬*section 15¬*of the Equality Act 2010 and is likely to be an 'easier' route. In a nutshell, if your disability and something to do with your work cause you to receive unfavourable treatment, you are being discriminated against (unless your employ can objectively justify it). So, if you have a condition that is exacerbated by you working nights, and you can evidence this, it would be a reasonable adjustment for your employer to change your hours (like you asked) or redeploy you. If the¬*adjustment results in you losing pay, you could argue this at tribunal, as there is case law to suggest pay protection as a reasonable adjustment.
                        4. Put a claim into the employment tribunal. Get clarity on the points above, get some ACAS or Citizens Advice guidance, and post on here some more...but assuming you have the basics of a case (and you want to press the issue), lodge a claim. This will very quickly put wheels into motion with your employer, because it puts them legally on the defensive. They will potentially have to justify every action they've taken and show it was reasonable, proportionate, and that they did all they could to support you. It will take lots of their time, considerable amounts of money, too. You'll also have the benefit of ACAS supporting you and your employer to settle the case without going to tribunal, which is often best for all parties (less stress for you, less expense and time for your employer, etc.).
                        Time to go have a long read on the internet. Maybe go on eBay and get a used copy of some tribunal guidance books, etc. as these really help give perspective. You've done the right thing by lodging a grievance and appealing it; a tribunal will see that as you taking reasonable steps to resolve this problem as best you can, and that it clearly matters to you. Keep that momentum going by notifying ACAS of your intention to claim, then draft an ET1 claim form (you can always come back here to guidance on this later if you need) to be submitted to the tribunal. This will freeze the moment in time, and it will be everything from your first complaint to your employer (and all the grievance meetings, etc.) up until the point of your claim that will be scrutinised by the tribunal.

                        It's late, so forgive any typos I may have made. But I did want to respond and get involved in this thread, as I really don't like hearing about anybody getting pushed around and potentially their rights trodden all over.

                        I wish you luck and I'll look forward to hearing more about where you're at!

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                        • #57
                          Thanks¬* i have a report from oh advising that i may be covered under the equality act. I have had it for over 5 years and take medication daily for it. I see a consultant every 4 months for it.its a neirological condition
                          they have mentioned redeployment but this would mean less money and there may not even be a job

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                          • #58
                            Fantastic.

                            The occupational health report adds credibility to your position that you are disabled and weakens the defence your employer can make, as if they are aware that you are disabled, they are under a legal duty to consider and apply reasonable adjustments. What exactly is 'reasonable' is the challenge, but on the face of it, what you are asking for does not seem unreasonable. In any case, that is down for the employer to weigh up and justify.

                            During your grievance and appeal, did your employer advise you why they were unable to support the reasonable adjustment that you requested?

                            Either way, it seems that we have two potential solutions, both of which seem credible:
                            • You are permitted to move from night shifts to day shifts, working the same hours for the same pay.
                            • You are redeployed into a different role that you are able to do and that has suitable shift patterns, with pay protection.
                            Have you put any through into submitting Early Conciliation Notification Form to ACAS? It may help to break the deadlock.

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                            • #59
                              Hi¬* thanks for your reply. They need staff to cover nights as they are short but they are short all the time

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