Employment > Disability. Employer won't make Reasonable Adjustments. I might be fired

[Avery]

Hi folks. Please can you help me... Does anyone have any good 'Case Law' examples used by Employment Tribunals where the Claimant won, despite being offered Redeployment?

... I understand that only Case Law works for this, unlike other tribunal decisions... and i would like to be able to use this for my Closing remarks at end of Final Hearing.

My employer has already conceded all my disabilities, and i sent them my GP / doctor's letter explaining i couldn't redeploy due to anxiety during the fixed timeframe for redeployment. They had already refused to make reasonable adjustments to my actual role that i proposed beforehand.

Thank you

[ULA]

You may be able to find something at the site linked to below:

https://www.bailii.org/

[Avery]

You may be able to find something at the site linked to below:

https://www.bailii.org/

Thanks Ula. I have since been told by an employment lawyer that to support my case I can use Case Law and EAT (Employment Appeals Tribunal) cases.

[Avery]

There is a possibility of an out of court settlement, and the Respondent has sent the first COT3 draft.

However, there seems to be quite a lot of dubious stipulations.

• They have written it so i cannot even bring future claims (although they worded it differently) which seems irelevant because they wouldn't employe me again anyway.

• In addition to the organisation, they have included all of their employees, saying i can't bring any legal action against them either.

• And they have also written something regarding Excess Tax to HMRC, even though I haven't worked for the employer in well over a year:

"if the Respondent or any other person pays the Excess Tax to any relevant taxation authority, the Claimant undertakes, at the written request of that company or person, to immediately pay to the Respondent an amount equal to the Excess Tax"

Please can you tell me -– Does any of this sound excessive?

Any feedback would be much appreciated. Thank you.

[ULA]

In terms of the COT 3 stipulations I can answer as follows:

1. This is standard.
2. Again standard.
3. I understand the sentiment of the clause as there is usually an indemnity required from the employee in the event of an issue on the tax paid on any settlement. However, I am not so sure about the wording, if it as set out in the blue wording you quoted in your post #100.

[Avery]

In terms of the COT 3 stipulations I can answer as follows:

1. This is standard.
2. Again standard.
3. I understand the sentiment of the clause as there is usually an indemnity required from the employee in the event of an issue on the tax paid on any settlement. However, I am not so sure about the wording, if it as set out in the blue wording you quoted in your post #100.

Thank you. Is it normal / typical to be able to push back on #1 and #2?

Their text for #1 is:

"... in full and final settlement of all and any claims, whether contemplated or not, whether in existence at the date of this Agreement or not, whether contractual, statutory or otherwise, including but not limited to the Claimant's claims for unfair dismissal and disability discrimination lodged at the ..."

[ULA]

As I stated these are very standard clauses and I have certainly see the text for #1 on many occasions. So you could push back but not sure on what basis.