Employment tribunal I am the claimant.

[MaydayMayday]

I am taking my employer to an ET for the following.

Direct discrimination.
Discrimination arising from a disability.
Indirect discrimination.
Victimisation.
Harassment.
And failure to make reasonable adjustments.

I have already completed the PH, out of the 7 claims put forward, the judge agreed that these six had legs.

It's an international company, who have access to a full legal team, me, well I have my wife as my representative, and what coaching we can get from Valla and the house insurance.

We will be doing this as LiP, which the tribunal is aware.

As concise as I can be;

September 2023 suspended on full pay due to alleged 'gross misconduct''. (There are two members of staff involved, the other is my actual comparator)
Disciplinary set for October was delayed due to my mental health.
Grievances were made (x3) over the next 6 months, this was regarding the handling of a complaint made to them about discrimination. All three grievances were not upheld and that avenue of complaint is now closed, regardless of their aggressive and defamatory responses they now believe they are untouchable.

Disciplinary hearing took place via teams, where I was given a written warning.

The following day I was requested to attend another meeting with HR and a manager to discuss my disability, and the 'risk' I pose to the public and other colleagues.
My actual comparator was not requested to attend such a meeting because, in their own words, 'he is not disabled'.

The advice I was given at that time from ACAS and an employment solicitor was that I was under no obligation to discuss my disability with my employer UNLESS I wished to, and that the meeting could only be used to discuss reasonable adjustments or a capability assessment, which it was not.

I agreed to the meeting on the proviso that it was to discuss reasonable adjustments or a capability assessment.
It started and then was brought to a close 3 minutes later as it was clear that they were fishing for information to justify 'objective justification'. Something that ACAS warned me about.

Even though the disciplinary has concluded, they are saying I cannot return to work unless I have this PCP that HR have invented solely for me. Again, in their own words, 'no other employee has to have this meeting''.

I have worked for this outfit for just over two years.

They are still paying me, however, the ET isn't until the beginning of next year, my MH and that of my poor wife, is taking a hammering, and I believe that they have deliberately delayed the tribunal in an attempt to withdraw my claim.

Constructive dismissal is now an option, is that a new claim via ACAS?

They will be going for objective justification, in that it will cost them too much to bring me back up to speed on the equipment and legislation etc.

Plus they keep saying that I am a risk to members of the public so they'll use that too.

If they sack me then I will go for unfair dismissal.

This is quite complex, although I bet everyone says their case is complex?

The 'lists copy bundle & relevant documents' is the next phase...

In light of the delay to the tribunal, (is there anything I can do to stop them delaying the process?) do we still go by the Judge's orders for the documents to be sent etc?

Any help, will be eternally gratefully received, as will signposting to any other assistance that may be able to help too.

Thank you in advance for your valuable time.

[ULA]

So my understanding is that you are still working for the company (not sure if you are still suspended!) and you have an ET claim in play for which you have already had the outcome of a PH and 6 claims are progressing.

This means that you are now in the timetable of the Employment Tribunal (ET) which I am sorry to say is not moving quickly these days. If you have Case Management Orders (CMO) then that is your timetable in terms of agreeing the index of the bundle between the parties for the final hearing, exchange of the documents related to the index, exchange of witness statements, documents being sent to the ET in advance of the final hearing and then the final hearing date.

What you need to be aware of is that deadlines between the parties does have a leeway of 14 days, if agreed by both parties, however this agreement does not always happen. Any extension beyond this requires an application to the ET by that party but copied to the other party, who can then put into the ET and also copied to the other party any objections. I am sure you are aware that anything you send to the ET must be copied to the other side. If there are slippages of time within the 14 days then this has to not impact the ET deadline for documents being send to them, as they do not have this leeway and need to be adhere to, otherwise it could impact the final hearing taking place and would absolutely require an application to the ET.

Hope this assists and in terms of as you progress through the ET claim, you can come back to this thread at any time for support and guidance. As you may have seen from other threads in this employment area, there are a number of people we are supporting as LiP through the ET process

[MaydayMayday]

Many thanks ULA.

Yes I'm still employed by them but suspended.
Yes we have the CMO, so will stick to those dates, give or take 14 days....
Thank you for your help.

[MaydayMayday]

Am I able to withdraw my consent after the fact?

A document which is factually incorrect, or rather contains untrue statements is being used by my employer to push through objective justification.

It's a medical report if that helps any?

[ULA]

If it was a medical report were you not given the opportunity to review it before being sent out?

[MaydayMayday]

Yes I was given that opportunity but declined.

I'm going to wait for the outcome of the complaint first, as theyre saying it is the Drs "opinion "....

The plot thickens, there might also have been a data breach with the company now too.

Last year the trouble and strife emailed my employer and referenced a medical condition i have.

Now that information has been shared, without consent within the company, who are now using that as a weapon to come up with objective justification.

What recourse, if any, do i have?

[ULA]

Potentially you may be able to use Article 7(3) General Data Protection Regulation (GDPR) to withdraw your consent.

In terms of the medical condition referenced, who was emailed about it. If you feel that personal sensitive information has been spread beyond personnel who were directly given that information, then you should raise a grievance and you may want to visit the Information Commissioner's Office (ICO) to assist with this.

https://ico.org.uk/for-the-public/ho...ion-complaint/

[Retromau5]

If you choose to withdraw your consent for the processing of your data, your employer is likely to try and rely on 'Legitimate interest' as their lawful basis. With this there are a few hurdles for them to overcome to prove they are processing your data correctly, and this is then made even more challenging for them as they are using information relating to your health. This is known as 'special category data' and requires a lot more care and security for the processing to be lawful. In a nut shell, if they can't prove they've processed it properly with documented evidence, it's likely to be viewed as unlawful. As ULA said, you should speak to the infomation Commissioner's Office (ICO) as they are best placed to help you with this.