direct disability discrimination

[ex tesco top loader]

hi , was looking for advice , lost job 3 times sickness absence third time to prevent me raising grievance internal against 2 managers duty of care health and safety , i also had requested subject acess request for a 3rd time , which was not given until after last dismissal , for 5 years i didnt know about employment laws rights or discrimination laws etc , what was in my personnel file , was that i had health issue that was likely covered by DDA95 and had been all along , this along with companys policys and procedures , checklists to be followed by managers for all diffrent things absence grievances appeals dismissal etc which blew me away as 99% were not completed and along with the managers who in this time had treated me was unlawful discrimination DDA95 , anyway to get to point ended tribunal had to defend myself had advice and evidence from my personnel file , told never to claim unless you had evidence to prove claim , direct was part didnt understand so never put that as part of claim , pre hearing review asked if i was claiming direct as in decision to dismiss me last one , said didnt understand that part dda , after few questions from employment judge , it was then listed for hearing 4 days , there was company and4 managers as respondents , the claim was now direct disability discrimination and normal unfair dismissal, hearing day arrives 3 managers never appeared went ahead , as this was just to delay and had been a year at that time , gets to end hearing advocate makes submissions then break i then make my case cont until last day and oral judgement given , at time didnt know either how or why it ended but requested written reasons got them 6 weeks later , seems the dda claim was misconceived bound to fail in it formulated was never any chance of winning fae start ive put a notice of appeal , that i never claimed this direct part never oral or written it was employment judge who did this at pre hearing same judge heard hearing , the tribunal were not aware of the legal point that was to be brought to there attention at end of hearing not once did or anyone try to explain this to me at all the unfair disissal only claim left was also fair could anyone tell me if i have any chance as far as appeal goes is this a legal point of law sorry about lenght of post but tried explain best i could any advice much appreciated , been told legal aid is available for my appeal but all legal firms say cant help as soon as i tell them my ex employer even before what happened at hearing ?

[Amethyst]

Re: direct disability discrimination

Throughout this process have your spoken with ACAS at all or been completely on your own with it ?

[ex tesco top loader]

Re: direct disability discrimination

i .ve been on my own , got advise before starting , tribunal claim of the advisor EHRC , told him didnt understand the direct part of DDA95 , he said never to claim direct and to answer if asked that you didnt understand or have know how to claim direct , i have not written or oral saying or even mentioning direct , ive lost my home , family , evicted morgage lender , was homeleess over xmas new year, over a period 5 years treated the way after overturning 1st dismissal by those involved in that dismissal , on my return , given work made health worse 174 days of back problem , disability dda , paid ssp and disiplinary for all these absences , went back after first 2 dismissals as had home and family finacally , third dismissal lost home , relationship , nothing left to lose , so after 2 stage final internal appeal , tribunal case was also on going at same time , attended appeal , sat down and expecting the issues raised ET1 , and appeal to have been investagated and managers named , nothing instead tried to offer couple quid to go away , these managers have done what they done to me over and over and destroyed a lot of others over years and got no questions asked , now i was asking and was going to continue asking not wanting money was wanting investagation never happened as still has never been investagated, all evidence been in personnel file all this time , just wanted to tell same as had done over over in company , and nothing or even attempted to look into what i was saying , tribunal hearing was then ended never once did why or how , i only knew legal point law and direct disability claim misconceived bound to fail , ive become used to failures over last 6 or 7 yrs another is a set back but never will be an end to my hope for some sort of justice and a fair hearing of my side of experience , if it takes years i will continue for as long as i have to achieve this and to make these managers accountable for as before they continue to do the same to anyone who they think is weak , and the predators next victim and over and over , any help or advice is much appreciated to help me achieve this ,

[Amethyst]

Re: direct disability discrimination

Okay, when were you dismissed, when did you take the initial action and when was the last hearing ?

What is the disability, what discrimination ( as you put it to the hearings) did you suffer? A copy or write out of the written reasons the case was dismissed may be of help.

You have mentioned a couple of times that the claim for direct discrimination was misconscieved but you hadn't mentioned direct - do you feel you weren't claiming direct discrimination - and meant to claim indirect ? faiure to make adjustments ? or something else?

Remember we don't know anything about the case other than what you tell us here.

It might be worth having a chat with ACAS as they will know time limits off the top of their heads and it can't hurt to have a chat about the claim.

[charitynjw]

Re: direct disability discrimination

Could I also comment?; 'unfair', as in 'unfair dismissal', has little to do with a moral issue, and a lot to do with whether the employer had a legal right/reason to dismiss, and in doing so, did they follow the correct procedure?
It is very difficult to be objective when you are personally involved, but this is the way the Tribunal will decide the case.