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Good evening, Legal Beagles.
I am after some advice. I have been suspended since August last year and is still ongoing. Partly because it took them until December to conclude the investigation and I subsequently raised a grievance around alleged misconduct being related to my disability, lack of reasonable adjustments in the workplace, and lack of reasonable adjustment consideration with the disciplinary process.*
I am profoundly deaf (wear hearing aids) and have a physical disability. I had found parts of the job stressful and made an error of judgement which contravened the "code of conduct". This was a mistake I made, which was not directly linked to my disability but I feel other stresses (related to my disability) may have contributed.
My employer has used other shortfalls in my work which ARE directly related to my disability and added them to the alleged misconduct. Investigation found that there was sufficient "evidence" to proceed to hearing stage. I wished they asked the question, "Have we explored his disability enough.." Before choosing the discipline route rather than capability for example to see if additional support would be the way forward.
My grievance was not upheld. I complained that the disciplinary had not investigated sufficiently how my disability and lack of reasonable adjustments contributed to alleged conduct. This had not been considered at all. They didn't even offer me reasonable adjustments at my investigation interview meeting to support me with note taking and my deafness. I have been working for employer for just over two years (Also have 12 years continuous service which employer has acknowledged) and I had not once seen or been referred to OH to discuss barriers to employment and discuss reasonable adjustments. When suspended, I asked for an OH appointment which took over two months to materialise. I knew at this point, I may have been too proud to ask for help and wanted to succeed as an able bodied colleague, I guess. Hence, the OH self referral. At this point, manager stated, "You didn't ask for reasonable adjustments..." Neither did they follow their 'Reasonable Adjustments' policy AT ALL.*
I also complained that the suspension was too knee jerk and not proportional.*
I have in the meantime, had surgery to do with my disability and I am still waiting to have my grievance appeal. With what is happening with Coronavirus they have offered to have the grievance appeal and disciplinary hearing on same day via video teleconference. Depending on the outcome of the appeal, I may wish to reconsider my position prior to the hearing. Can I ask for disciplinary hearing to be arranged for another date? I'm also not sure, I could cope with two important meetings by video conferencing consider g my hearing impairment. I am to have a similar OH appointment before. Is it a reasonable adjustment to request a face to face meeting when this epidemic all calms down or would that be unreasonable?*
I am so angry and depressed with my employer for failing to follow the Equality Act properly and conduct themselves in a proper manner and be more proactive in investigating my barriers to work rather than being hell bent on pursuing the disciplinary process, I appreciate they believe there to be gross misconduct at play and have every right to follow process. However, I have highlighted so many things they havent followed yet it seems to be falling on deaf ears, pardon the pun.*
I am not a trade union member, and thus far I have been fighting this battle alone. Suspension from the workplace, is supposed to be a neutral act until such time it's all been concluded one way or another. I have had next to zero contact from work apart from HR correspondence. My professional reputation is in tatters I feel and I just want to throw the towel in and constructively dismiss myself and pursue via tribunal. In the current climate, I cannot afford to this and finding alternative employment when the business economy is like it is would prove difficult.*
I am at a loss. Depressed and do not know which way to turn. Thank you in advance for answering my questions above and any further advice.*
Take care and stay safe.*
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I am after some advice. I have been suspended since August last year and is still ongoing. Partly because it took them until December to conclude the investigation and I subsequently raised a grievance around alleged misconduct being related to my disability, lack of reasonable adjustments in the workplace, and lack of reasonable adjustment consideration with the disciplinary process.*
I am profoundly deaf (wear hearing aids) and have a physical disability. I had found parts of the job stressful and made an error of judgement which contravened the "code of conduct". This was a mistake I made, which was not directly linked to my disability but I feel other stresses (related to my disability) may have contributed.
My employer has used other shortfalls in my work which ARE directly related to my disability and added them to the alleged misconduct. Investigation found that there was sufficient "evidence" to proceed to hearing stage. I wished they asked the question, "Have we explored his disability enough.." Before choosing the discipline route rather than capability for example to see if additional support would be the way forward.
My grievance was not upheld. I complained that the disciplinary had not investigated sufficiently how my disability and lack of reasonable adjustments contributed to alleged conduct. This had not been considered at all. They didn't even offer me reasonable adjustments at my investigation interview meeting to support me with note taking and my deafness. I have been working for employer for just over two years (Also have 12 years continuous service which employer has acknowledged) and I had not once seen or been referred to OH to discuss barriers to employment and discuss reasonable adjustments. When suspended, I asked for an OH appointment which took over two months to materialise. I knew at this point, I may have been too proud to ask for help and wanted to succeed as an able bodied colleague, I guess. Hence, the OH self referral. At this point, manager stated, "You didn't ask for reasonable adjustments..." Neither did they follow their 'Reasonable Adjustments' policy AT ALL.*
I also complained that the suspension was too knee jerk and not proportional.*
I have in the meantime, had surgery to do with my disability and I am still waiting to have my grievance appeal. With what is happening with Coronavirus they have offered to have the grievance appeal and disciplinary hearing on same day via video teleconference. Depending on the outcome of the appeal, I may wish to reconsider my position prior to the hearing. Can I ask for disciplinary hearing to be arranged for another date? I'm also not sure, I could cope with two important meetings by video conferencing consider g my hearing impairment. I am to have a similar OH appointment before. Is it a reasonable adjustment to request a face to face meeting when this epidemic all calms down or would that be unreasonable?*
I am so angry and depressed with my employer for failing to follow the Equality Act properly and conduct themselves in a proper manner and be more proactive in investigating my barriers to work rather than being hell bent on pursuing the disciplinary process, I appreciate they believe there to be gross misconduct at play and have every right to follow process. However, I have highlighted so many things they havent followed yet it seems to be falling on deaf ears, pardon the pun.*
I am not a trade union member, and thus far I have been fighting this battle alone. Suspension from the workplace, is supposed to be a neutral act until such time it's all been concluded one way or another. I have had next to zero contact from work apart from HR correspondence. My professional reputation is in tatters I feel and I just want to throw the towel in and constructively dismiss myself and pursue via tribunal. In the current climate, I cannot afford to this and finding alternative employment when the business economy is like it is would prove difficult.*
I am at a loss. Depressed and do not know which way to turn. Thank you in advance for answering my questions above and any further advice.*
Take care and stay safe.*
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