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Assistance with second claim following a COT3
New here. Can somebody advise on my legal document?
- ET1 Claim Form: Continuous Discrimination Claim
Section 8.2: Background and Details of the Claim
Claimant: [Your Full Name]
Respondent: [Employer's Name]
Case Number: [Case Number]
I am submitting this claim due to continuous and unlawful discrimination by the respondent.
Below is a detailed account of the incidents and actions that constitute this claim.
I have been a firefighter with xxxx since 2005. I manage
several medical conditions, including PTSD, OCD, generalised anxiety disorder, Tourette’s,
ADHD, ASD, and dyslexia, effectively and am fully capable of performing my duties. I
believe that I am disabled for the purposes of the Equality Act 2010. The respondent has been
aware of my mental health issues since 2012 and of my cancer diagnosis since around 2024.
Following an assessment in 2019 the service is fully aware of my dyslexia and learning
difficulties. Dyslexia and specific learning difficulty was diagnosed through a child
psychologist, since 2005 upon joining the service I have been allotted extra time to finish
assessments, reading documentation time allowance. My employer has acknowledged my disabilities
in previous legal documents. I have never had any performance issues raised outside normal
learning expectations. My operational performance on fire ground, has never been called into
question, as I am very capable able and good at my job.
Recent History and Challenges:
Industrial Injury and Return to Work: In August 2022, after a year-long absence due to an
industrial injury caused by bullying from senior management, and following hospitalisation
in May 2022, I returned to work. On October 12, 2022, I signed a COT3 agreement and
received a formal apology from the respondent regarding the bullying claim. The director of
xxxx acknowledged my grievance after investigation, stating that I had
been treated appallingly.
I believe I have been subjected to continuous discriminatory treatment, especially regarding
my medication. This has culminated in a drug and alcohol test that led to my suspension and
humiliation on April 19, 2024. Whilst on suspension, the respondent has again approached
occupational health directly asking them about my medication, failing to adhere to policy,
with total disregard for my feelings and rights. I believe the respondent has treated me
unfavourably with special treatment in relation to my protected characteristic arising from my
disabilities under Section 13, 19, 26, 27, 20, 15, of the Equality Act 2010. This treatment,
particularly since my mental health diagnosis in 2012 and my cancer diagnosis in 2024, has
resulted in continuous unfavourable treatment.
Specific Incidents: - 1. Urine Test Incident: I was singled out for a urine test, which I believe constitutes
continuous discrimination contrary to the equality act 2010, by subjecting me to the
urine test. Section, 19, 26, 13. 15, 27: Continually requesting medication details to
occupational health by non-medical personnel, refusing to hear my grievance is and
follow policy, namely management.
2. Section 27 due to my grievances regarding the treatments I had been subjected to,
which initiated an external investigation in January 2023, whereby my grievance of
managers trying to find out my medication, violating my dignity, and refusing to
follow policy at all in regard to my treatment, I raised grievances in line with policy to
protect my rights. Section 19, by means of a policy in place, which allowed
management to treat me in a manner which is both humiliating, degrading hurtful and
has caused significant injury to my feelings being suspended without justification.
The policy of the respondent has allowed something arising in consequence of my
disability, to be violated by means of respondent policy.
Disability-Related Treatment: I was not given the necessary time to read the drug
and alcohol policy due, despite the respondent’s awareness through an inclusion
passport in 2023 and a learning support assessment in 2015, through internal work
assessment. This action, I believe, is contrary to Section 15 of the Equality Act 2010,
whereby the respondent failed to allow me the necessary time based on my dyslexia,
ASD, ADHD, learning disability.
Continuous Harassment: I believe I have been subjected to continuous harassment
due to my mental health conditions and cancer diagnosis, aimed at uncovering my
medication details. Despite my full engagement with occupational health, I have
never been asked to share my medication with line management, and there have been
no medication side effects other than improved focus from my ADHD treatment, and
stability through hospitalised mental health programme. Occupational health has been
fully engaged with my professional treatment from specialists in their field and
doctors. I should not be so humiliated by the respondent, whether it is implemented
through their actions and assumptions, or their policy to justify treating me in such a
manner. I believe the respondent has made no attempt to hide the continuous
discrimination. I have document to support this, being emails, referrals, grievances,
names, dates, which support a continuous unfavourable treatment.
I believe I have been victimised contrary to Section 27 of the Equality Act,
treated less favourably due to previous grievances. This includes an external
investigation, in which has not dealt with my grievances in a timely manner. Six
months into its initiation. The respondent’s actions have violated my dignity,
subjected me to stigma, and led to further unfavourable treatment. This
investigation, reluctantly conducted by the respondent, involved detailed
complaints of non-medical personnel management’s probing of occupational
health, requesting information regarding my medication, grievances submitted
regarding the continuous discriminatory treatment I have been subjected to.
These actions have resulted in a hostile work environment and have severely
impacted my mental health and well-being.
Summary of Claims:
Unfavourable Treatment: Under Section 15 of the Equality Act 2010 due to mental
health, cancer diagnosis, and dyslexia. - Harassment: Under Section 26 of the Equality Act 2010 due to mental health, cancer
diagnosis, and the discriminatory urine test.
Victimisation: Under Section 27 of the Equality Act 2010 due to previous grievances
and complaints about medication questioning.
Medication and Health Status Questioning: Unlawful Discrimination
I believe the respondent has treated me unfavourably because of something arising in
consequence of my disability, specifically my mental health treatment and cancer diagnosis.
Here is a detailed account of the incidents and actions taken by the respondent, that constitute
unlawful discrimination under the Equality Act 2010.
Background and Timeline of Events
1. Hospitalization and Phased Return:
o March 31, 2023: Returned to work on a phased return after five weeks of
mental health treatment in the hospital. This phased return included a drill
ground assessment to ensure compliance with safety standards. This was
suggested byxxx over a telephone conversation while I was still in
the hospital.
o April 25, 2023: Completed drill ground assessments over a phased return to
full operational duties. xxx concluded that I was fit to become
operational. He remarked that I was “the best xxx, he had seen.” I was made
operational on the fire appliance.
2. Contradictory Referral:
o Despite the positive assessments and operational clearance, xxx
wrote a damning referral on June 21, 2023, which contradicted the
professional opinions of my doctors, including eminent psychiatrists and
psychologists who had declared me fit both mentally and physically.
o xxx had also declared me fit for operational duties based on his
assessment upon my return to work. However, the referral submitted
contradicted this, questioning my medication and its effects on my fitness for
duty.
3. Stage II Meeting:
o May 17, 2023: A Stage II meeting was held, where I was given a final
warning with the possibility of dismissal if another 10 days of sick leave
occurred. I raised the issue of my inability to attend the Stage I meeting due to
hospitalization during the appeal period.
4. Medication and Health Status:
o All events prior to my hospitalization were linked to my mental health by the
respondent in a referral. Following severe chest issues in January 2023, I was
referred to Dr. xxx, a pulmonary specialist, who conducted extensive tests.
Respondent used my recent hospitalization, all previous chest conditions prior
to March 2023, to present a concerning referral in June 2023.
5. Contradictions in Assessments:
o April 25, 2023: After a fitness test and drill ground assessments, WC
Freestone passed me as operationally fit. However, the referral he wrote in - June 2023 contradicted this assessment, suggesting false concerns about my
fitness for duty.
Unlawful Discrimination and Violations
1. Harassment and Discrimination
Section 26 (Harassment): xxx actions and referrals subjected me to
harassment based on my disability, leading to a hostile work environment.
Section 15 (Discrimination Arising from Disability): The referral in June 2023,
based on my mental health and medication, constituted discrimination arising from
my disability. This was despite professional opinions and prior assessments declaring
me fit for duty.
2. Failure to Make Reasonable Adjustments
Section 20 (Duty to Make Reasonable Adjustments): The respondent failed to
make necessary adjustments during my return to work, despite recommendations from
occupational health. This included ignoring the phased return plan suggesting support,
and professional advice.
April 2023: Occupational health requested support during my phased return, which
was ignored by the respondent. Instead, I was subjected to a Stage II final warning,
violating their own stage one policy and failing to accommodate my needs.
3. Ignored Grievances and Unfair Treatment
Section 27 (Victimisation): The respondent ignored my grievances, including my
concerns about the unfair treatment during the Stage II meeting and the contradictory
referral by xxx. This led to further victimisation.
August 28, 2023: Received Stage 1 interview notes from Lloyd Hatton, who
apologized for the delay. However, this did not address the fundamental issues of
being unable to comply with the attendance improvement plan due to hospitalization,
subjecting me to treatment outside of following their own stage one policy.
4. Contradictory Actions and Unfavourable Treatment
June 26, 2023: Despite the referral from xxx, I was tasked with driving an
MRV vehicle around Surrey, contradicting concerns about my medication and fitness
for duty. This was humiliating and degrading treatment.
xxx failed to conduct referrals in line with established policy, bypassing proper
procedures and not providing necessary information to xxx.
Violation:
Section 26 - Harassment: Continuous non-compliance and procedural bypassing
contribute to a hostile work environment.
Supporting Evidence: - Email Communication: Multiple emails indicating xxx failure to follow
referral policies properly. Specific instances include not providing xxx with copies
of referrals, failing to discuss referrals before submission, and disregarding OH
recommendations.
Ignored multiple grievances raised by xxx regarding the handling of his medical
information and referral processes.
Violation:
Section 27 - Victimisation: Ignoring grievances constitutes victimisation, especially
when grievances are related to discriminatory treatment.
Section 20 - Duty to Make Reasonable Adjustments: Failure to address grievances
related to reasonable adjustments.
Supporting Evidence:
Grievance Records: Documented grievances submitted by xxx that have
not been resolved or adequately addressed.
List of Grievances Raised by xxx
1. Grievance Date: April 23, 2024
o Summary: Raised grievance with xxx regarding the incident on April
19, 2024, involving a drug and alcohol test. Oliver believed management
aimed to discover his medication, leading to stress and subsequent suspension
when unable to complete the test in time due to his condition. The grievance
highlighted feelings of being ambushed, violation of privacy, and lack of
reasonable adjustments made for his condition.
o Supporting Evidence: Emails and documentation of the drug and alcohol test,
suspension notice, and grievance submission.
2. Grievance Date: November 10, 2023
o Summary: Submitted a formal grievance citing discrimination and
unfavourable treatment due to medication and health status. The grievance
detailed continuous discriminatory treatment, including being ignored during
referrals and management’s questioning of his medication.
o Supporting Evidence: Grievance document, emails between xxx and
management, and occupational health reports.
3. Grievance Date: March 2023
o Summary: Raised grievance about the failure to provide necessary support
during his phased return to work. Despite occupational health
recommendations, management did not implement the required adjustments,
leading to additional stress and health issues.
o Supporting Evidence: Occupational health recommendations phased return
plan, and grievance submission.
4. Grievance Date: June 21, 2023
o Summary: Submitted grievance regarding a misleading referral written by
xxx. The referral contradicted previous professional assessments
and questioned xxx medication without proper basis. - o Supporting Evidence: Referral document, professional assessments, and
grievance submission.
5. Grievance Date: August 4, 2023
o Summary: Raised grievance about management’s failure to provide necessary
referral documents and their non-compliance with referral policies. This
grievance highlighted continuous procedural bypassing and lack of
transparency.
o Supporting Evidence: Emails requesting referral documents, grievance
submission, and policy documents.
Summary of Grievances and Their Impact
xxx failed to conduct referral questioning of medication in line with established
policy, bypassing proper procedures and not providing necessary information to myself. This
violates Section 20 of the Equality Act 2010, which outlines the duty to make reasonable
adjustments for employees with disabilities, and Section 26, which addresses harassment.
Continuous non-compliance and procedural bypassing by the respondent has contributed to a
hostile work environment. Supporting evidence includes multiple emails, including
grievances, requesting adherence to follow referral policies properly, such as not providing
xxx with copies of referrals, failing to discuss referrals before submission, and
disregarding OH recommendations. Additionally, the respondent has ignored multiple
grievances raised by xxx regarding the handling of his medical information and
referral processes. This constitutes a violation of Section 27 of the Equality Act 2010
(victimisation) and further breaches Section 20. Supporting evidence includes documented
grievances submitted by xxx that have not been resolved or adequately addressed
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