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.
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.
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