Discrimination?
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Originally posted by Luthien9436 View Post
So the general basis is that you submit you're disabled by reason of neurodivergent and that by them "not" offering you the same "pathway", that it's Discrimination Arising from Disability, and that treated less favourably that male colleagues. viz: direct discrimination
And they reasonably knew about the disability? Prior or during this grievance?
In Direct Discrimination complaints their is 7 steps which from the outcome they have failed to take into account when handling your grievance and the "potential" contravention of said section under the Act.
I see no evidence to support they carried out those tests when handling your grievance.
Remember on a claim under s.15 the employer or service provider etc need not know of the causal link between the disability, and the reason for the unfavourable treatment provided the employer etc knew (or could reasonably have been expected to know) of the disability. This was decided by the Court of Appeal in City of York Council v Grosset.
So realistically I would appeal the decision, and really push the point home about why failed in their investigation into the contraventions of the EqA etc, and using the way I said about breaking down their outcome, focus on the main points they made 'no evidence' the 'contradictions'. Ultimately it's your decision on if you want to appeal or see how this process plays out. It seems they have not "bundled" you into the "group of non-teamplayers" as I have seen multiple times when someone lodges a grievance.
ULA might have some more views to offer.Last edited by Benny8902; 22nd May 2024, 13:13:PM.Not a solicitor. Please seek any professional guidance I can only provide information based on my experiences and countless hours of research.
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