Failure to make reasonable adjustments, dismissed, dithering over grievance

[Bronwyn]

Hello

I'll attempt to outline this as concisely and briefly as possible:

I was employed by this company on a temporary contract for less than 2 years, in an 100% remote position. Once the initial 6-month contract expired, I (and all other employees on the same terms) were placed on a 2-week rolling contract. Throughout my employment I was repeatedly told that my work was excellent, and that there absolutely no problems.

3 months into my contract I received a neurodiversity diagnosis. Certain stressors caused by the job (specifically, having to partcipate in a 'chat group' with other employees) exacerbated symptoms which led to me seeking medical help, and then being diagnosed. I informed my employer of the diagnosis, asked for a small reasonable adjustment to be made which would massively reduce this stress, and received a prompt response saying 'we have passed this information onto your manager and they will be in touch to discuss the matter further'. No-one ever got in touch, despite me making repeated requests for this reasonable adjustment. The reasonable adjustment I requested was just to be removed from the 'chat' group, and would have no impact whatsoever on the work itself.

After a year of employment, the company introduced weekly meetings with line managers to discuss any training issues/problems (meetings conducted via phone). In my first meeting, I was told repeatedly that my work was excellent in every way, that I was well above the skill-level required, and that there were no issues with timekeeping. In this meeting, I expressed concern that I was sometimes one or two minutes late logging in to a work system (there were approximately six different systems to log into each day), and that this was one symptom of my neurodiversity that I was struggling to overcome. I was assured in no uncertain terms that no aspect of my punctuality had been raised (it had not been noticed even), and that I had no cause for concern in any area of my employment.

One week later I was emailed with my one-week's notice (in accordance with my contract) due to large-scale workforce reduction. I believe around half of the temporary employees had been served notice, but the job itself was not redundant. The employees selected for dismissal were chosen 'objectively' based on attendance, skills and punctuality. I immediately messaged my manager to ask if this was a mistake (I had been mistakenly served notice a few weeks previously along with several hundred other employees after the 'wrong' spreadsheet was given out), and was told that the manager had also suspected it was a mistake and had sought confirmation from their line manager. It appears (not confirmed yet) that employees had been chosen via algorithm with no 'human' input, and that there was no mistake. My manager said that she had been told to contact HR for a full 'reason 'for dismissal. I also emailed HR to ask, and received a response two days later asking me to telephone them. I tried to do this, but as one phone line is used by several thousand employees for all employee enquiries, I was unable to get through. I emailed again to request information, and was asked yet again to phone.

As I had received no response (nor was able to get through by phone) by my last working day, I then emailed a formal grievance. I had asked my manager for the company's grievance policy, but they were unable to find it, so I used a standard template (ACAS) outlining chronologically my grievances (namely, my request for reasonable adjustments that was ignored, my belief that using 'timekeeping' as reason for dismissal was discriminatory, that my dismissal did not meet any of the criteria, and that HR had failed to provide any policies (grievance, equalities etc.) and also hadn't reponded to emails. I had a swift acknowledgement to this grievance, assuring that it would be looked into and a response sent 'as soon as possible', but that my dismissal remained. I also sent a SAR specifically requesting the information used that selected me for dismissal.

A week later, I emailed HR again as I hadn't yet received a response. HR responded saying almost the same wording as the previous email (that they were looking into it and would be in touch 'as soon as possible'). A few days after this, I received another email from HR (different person) acknowledging receipt of the SAR I had sent (14 days previously).

My questions:

• Have I taken the correct steps so far?
• How long does the employer have to respond to my grievance? (bear in mind I still have not seen the company's grievance policy despite requesting it).
• Should I continue to attempt to call HR to discuss the matter via phone, or continue with email-only correspondance?
• Am I just wasting my time?

Whilst I am a union member, it's not a union that can assist me with this claim as they only deal with one specific industry. I foolishly failed to join CWU as this job was only temporary (I thought), and because ... well, I'm foolish. So, I'm tackling this alone. I have a history of anxiety and depression and had a stress/mental breakdown due to a grievance with a previous employer several years ago (and that one had full union support) but I'm also unemployed so do have the time to spend on this. I would be prepared to use a no-win-no-fee lawyer if needs be, and if appropriate.

I can't name the company of course, but I know from other employees that they (the company) have been taken to court due to breach of contract/discrimination - and those are just instances of the few employees that I know. I suspect this company uses delaying tactics in the hope that employee grievances are forgotten about, and this is what's happening with me - they're hoping I'll get bored/forget.

Sorry, that wasn't that concise after all! Hope someone can provide some guidance/information.

[ULA]

Sorry but your post leads to some further questions that need to be responded to which are:

How long have you been employed by the company on the series of temporary contracts?
Did your employer acknowledge your condition as potentially being a disability under the Equality Act 2010?
Why did you not pursue a response to your request for a reasonable adjustment?
I presume you were not taken off the chat group?
Has the company entered a period of redundancy consultation to reduce the workforce?
Did your temporary contract allow for early termination by the giving of one weeks notice?

In regard to the SAR, your employer must provide the information within one month from the date of receipt of your SAR, they can extend the time by up to two months depending on the complexity and number of requests they are dealing with. Your employer must let you know within one month of receiving your SAR that they would like to extend the period, and give you reasons why.

In reagrd to answers to your questions:

1. In terms of trying to raise a grievance then it would appear, in the absence of the company policy, then deferring to the ACAS code is the correct action to take.
2. Usually if there is a company policy this should set out the timescales. If they defer to the ACAS code there are no prescribed timescales set out other than "without unreasonable delay after a grievance is received" a meeting should be arranged.
3. In my opinion writing/email is your best friend in terms of having a paper trail if you need to take the matter further.
4. I cannot determine that without the answers to my questions.

[Bronwyn]

Sorry but your post leads to some further questions that need to be responded to which are:

How long have you been employed by the company on the series of temporary contracts?

Around 10 months

Did your employer acknowledge your condition as potentially being a disability under the Equality Act 2010?

There has been no mention of specific acknowledgement as a disability, the most I've had is 'we're sorry to hear you're suffering with poor mental health, we've passed on your concerns and will get back to you'. I specifically addressed my neurodiversity, how it was affecting me, and how this could be alleviated. I even wrote a lengthy mail suggesting content for their intranet pages during the awareness month for the condition.

Why did you not pursue a response to your request for a reasonable adjustment?

I did, several times.

I presume you were not taken off the chat group?

Sadly not. I did however stop participating entirely in it, and every time a new manager/moderator came into the group and direct-messaged me to ask why I wasn't, I had to tell them 'because I've requested not to because of this disability'.

Has the company entered a period of redundancy consultation to reduce the workforce?

We were warned about it via an intranet post, and told of the critera (although not specifically, just that it would be 'objective') but there was no discussion with employees directly nor opportunities for redeployment. The latest batch of redundancies were also not discussed even with line managers (who are suppsedly the only ones who have actually listened to employees' calls).

Did your temporary contract allow for early termination by the giving of one weeks notice?

Yes, the notice period was made clear. I don't have any problem with this, just that I feel I was dismissed unfairly and incorrectly. One week after being told that my work was excellent, and that I had no timekeeping problems, to be included in redundancies that were selected by criteria that shouldn't involve me seems unfair (or just incorrect - the company has a history of errors, including 'accidentally' removing employees from systems, sending out AWOL alerts when employees were on approved annual leave, calling the wrong people to tell them they had been made redundant etc.)

[Bronwyn]

Unfortunately, I have a tendency to ruminate and overthink, and am now spiralling into a vortex of self-doubt and worry that I've started something that will somehow lead to me being 'blamed' (this in itself is a symptom of the disability of course).

I was a good employee (an excellent one according to my manager), and found it very difficult to get this job in the first place. So, losing it with no good reason as to why leaves me confused and frustrated as well as unemployed. When future employers ask 'why did you leave your last job', it would lead to an awkward situation as I would have to tell the truth.

I'm also suspicious that I was targeted for dismissal for being 'awkward'. I did point out mistakes and wrote frequent feedback on errors within the training documents (we were encouraged to provide feedback). Plus, when I was contributing on chat groups, my directness and apparent inability to 'read the room' led to my rubbing people up the wrong way (these were colleagues who frequently and repeatedly asked for assistance with their work, despite these questions having been answered many times in their training).

[ULA]

Please try not to worry or blame yourself. Thank your for the answers to my questions.

It is clear that the company is undergoing large scale redundancies and contractually there is a termination clause in your now rolling contract that allows the company to give you notice of one week. I am not sure that there is much you can do at the moment other than pursue the grievance in regard to your selection for having your contract terminated.

[Bronwyn]

It's a horrid time to be unemployed, and this was my first 'normal' job for many years, so the process of CV-writing, application, working with colleagues was all very new to me (and still is - I was self-employed before the pandemic, but lost my business).

The main issue I have with them is their lack of care to employees, specifically that they are apparently in breach of the equalities act according to an informal discussion with a union friend of mine. As I have documented evidence of requesting reasonable adjustments on several occasions, plus them not making their grievance policy clear, and the inclusion of 'timekeeping' in selection criteria being discriminatory (if reasonable adjustments haven't been made), those are my main grievances.

This is a very well-known and large company, who have well-documented and publicised failures over the past year. They frequently publish intranet posts ticking boxes on inclusion, diversity and equality, yet fail to practise what they preach. Despite this, at the end of the day, I would rather be employed with them than unemployed and when I started my dialogue with HR that was the only resolution I wanted.

[Bronwyn]

Hello

I was employed on a fixed-term contract (which then became a short-term rolling contract) for a large international firm, which was entirely home-based, using our own computer equipment, and involving no face-to-face training (or any interaction aside from 'chat' groups and email). I was diagnosed with a neurodiverse disability (covered under the Equalities Act, and one that has existed since childhood but undiagnosed) several months into the role, and informed the employer. After certain elements of the position caused considerable stress (namely that employees were required to participate in 'chat' rooms - this was the main method the employer used to ensure employees were 'active' as opposed to away from their computers) , I requested a very minor reasonable adjustment (and clearly conveyed to the employer that I was experiencing unnecessary stress at this point) that I was finding it difficult to participate (and be understood) in my chat group, and whether I could be moved to a group with (for example) other disabled employees. I received no response to this request, aside from a 'sorry to hear this, a manager will be in touch soon'.

Throughout my employment I was repeatedly told that I was an exemplary worker, with high levels of ability. In a performance appraisal with a team leader just a week before being served notice, I was told that there were no improvements needed, and that no issues with my performance had been found.

The company carried out workforce reductions intermittently, and stated that employees would be selected via a fair and objective process (despite one of the criteria being punctuality). On two occasions I was 'mistakenly' selected for inclusion on these lists (due to an admin error according to the employer), and on several occasions I was contacted via text/email on pre-booked scheduled leave days with an 'AWOL' notification (also an admin error on their part). I was then intentionally selected as part of the workforce reduction, although my direct manager could not understand how I could have been included given the stated criteria. We both repeatedly requested clarification from HR, but were denied further information.

I submited a DSAR request, asking for the selection criteria, along with all data the company held on me (and particularly the data which flagged me for being dismissed). I also requested copies of all emails between myself and the company, and any communications between management involving me. I received a response to the SAR 3 months and 5 days after it was requested. Very little of the information I requested was provided (simple things like all emails sent by me to the company were not included, nor evidence of the 3 internal vacancies I applied for, nor the reasons for my not having been shortlisted for any of those positions). They also failed to provide me with any performance-related data, or which data was used to select employees for the reduction.

The company did not make their grievance procedure available to employees, so I submitted a template grievance letter (ACAS) stating that I felt I had been unfairly discriminated against due to my disability, that at least one of the criteria used for workforce reduction was discriminatory (time-keeping), and that they had failed to respond to reasonable adjustment requests. In the grievance they denied all of this, and merely repeatedly stated that I was simply dismissed due to workforce reduction, and that I was selected after a fair process (but they refused to disclose what this process was).

Since the latest workforce reduction, they have repeatedly advertised for staff, and colleagues who are still employed confirm that more staff have been taken on.

Since being dismissed, I have found other work (ironically, with a union, and after a series of interviews/assessments, which prove that I am quite competent), but due to the distress caused by the actions of this previous job, I feel it only right to pursue reparations in some way. Included in the SAR response were emails written between management in response to my sending a request for assistance/adjustments after I felt my mental health was suffering as a result of my disablility and the chat environment. These emails included my manager saying that I adopted a 'superior' tone when chatting with colleagues, that I was 'difficult' and didn't attempt to participate which made other chat members feel awkward and that I created a tense environment, and also that I had complained about being given a 5-minute late flag and that this was in fact the reason for my emotional email and request for adjustments. Since seeing this email I am now concerned that my new colleagues might also feel the same way, which has led to increased anxiety today at work (I also have diagnosed GAD and depression, and the previous employer was made aware of this at recruitment).

I have contacted ACAS to attempt early conciliation, but as I am not a union member I hope someone here can offer some advice on this matter.

[ULA]

Does this relate to your posts? Failure to make reasonable adjustments, dismissed, dithering over grievance - LegalBeagles Forum

If so then i will need to merge the two threads as the information will be relevant and may assist in the response you get, taking into account all the information not just part of the detail which is very important.

[Bronwyn]

I'm so sorry, yes it is the same issue. For some reason, I failed to see that thread when I looked in my profile. As you can see, things have progressed since then, and I have additional informaiton after the grievance meeting and DSAR response.

[ULA]

What kind of reparations are you looking for?

If you wanted to pursue an unfair dismissal claim then you would need to be able to set out your claim based on disability discrimination since you have less than 2 years service. Given that you have already found a job, unless you are on a significantly reduced salary level you have already mitigated your loss (except for the period you were unemployed). There may be a possible claim for:

1. Hurt or distress you've suffered because of the discrimination which is called 'injury to feelings'.
2. A personal injury, such as depression or a physical injury, caused by the discrimination.

In terms of what this could amount to then the minimum award for injury to feelings may be around £1,000 or it could move upwards to what is knows as the "Vento bands".

[Bronwyn]

I believe the employer is failing to provide adequate duty of care to all employees, and as they employ on fixed-term contracts, have no incentive to treat staff well. The failure to make a simple reasonable adjustment caused considerable stress, and after 5 years of making consistent upward progress after a breakdown, my mental health suffered as a result. The dismissal also knocked my confidence severely, and my new job was secured only after a friend guided me through the application process despite me being sure I would fail. Seeing the SAR emails containing management saying I was 'difficult to work with' after emailing for assistance (and where I specifically mentioned my mental health suffering and requiring reasonable adjustments to ameliorate this) has also been a blow, and has caused me to become subdued in my new job lest I cause similar offence.

They have refused to provide me with the data used to select employees for reduction (specifically the data that shows I would have been selected for reduction) nor any information as to why my four internal applications did not progress (despite being told that I was one of the 'best' employees). As I don't have all of the information, I'm unclear as to whether I have the required evidence for a tribunal.

My SAR was very specific, and the information requested was not difficult to collect as all communications (bar two phone calls) were electronic, and I have only requested information between/involving myself and management/HR.

[ULA]

If you do not believe you have been provided all the information that relates to your data that should have been forthcoming from the SAR request, then firstly you need to go back to the company in writing, clearly listing what other information you think they also hold and should be provided. Ask them to review their records and provide any further information accordingly. Set out that you are giving them a chance to rectify the situation before reporting them to the Information Commissioner's Office (ICO).

Remember to keep copies of any correspondence about your complaint, as evidence.

I do need to make you aware of your timescales if you want to pursue a claim as you have three months less a day from the date of termination. This may mean you have to commence your claim prior to you having the information from any complaint on the initial SAR.

[Bronwyn]

Today I received the certificate from ACAS after the previous employer failed to communicate with them throughout the early conciliation process.

The employer has also failed to respond to my email requesting all the missing information from the first SAR.

I'm several weeks into my new job now, and am deeply concerned that the reasons the previous employer dismissed me will cause me to be dismissed from this new job (although I'm still none the wiser as to what these reasons are). I don't have union support, so will have to navigate an tribunal alone and I'm not sure if my mental health is up to it. However, maybe that's what they're relying on to avoid being taken to an ET?

[ULA]

Why are you concerned that you may be dismissed from your new job? Have you made your new employer aware of any reasonable adjustments for them to consider?

In regard to your ex-employer if you want to pursue this via the ET, then the next step, having received your early conciliation certifcate, is to complete and submit your ET1.

[Bronwyn]

My new employer is fantastic. I made them aware at the application stage of my diagnosis, and they have absolutely no problem with it and if anything are encouraging me to request reasonable adjustments. It's the total opposite of the previous job, basically.

My fear is that whatever reason the previous employer had to put me forward for dismissal might cause the new employer to not keep me beyond probation. I still haven't received all of the information requested from my DSAR, so cannot see why I was chosen above other (apparently less competent) employees. Emotional disregulation is a large part of my condition, so I realise that this may be paranoia, but what if they chose me for redundancy because I'm 'difficult' to work with? If I knew the reasons why, I could work at this and it would perhaps not be an issue for my current employment.

I'm attempting to write the ET1, but feel I might be wasting people's time in pursuing this on the one hand. On the other, I feel aggrieved at being let go from a job that I was repeatedly told I was excellent at so need answers. On yet another hand, I love my new job (it' s so much better than the previous one), but I feel like I'm constantly looking over my shoulder in case the same thing happens here too.