Disability question...please help

[miliitant]

Re: Disability question...please help

i am my branch legal and medical secretary

this goes against everthing i have been tutored inn, that includes a diploma in employment law

[wabby786]

Re: Disability question...please help

let me explain more, the outcome of my stage three grievance was financial reimbursement of losses, I had to provide an amount, so I asked the union rep for access to a solicitor who would know more about my suffering and what to ask for, they refused this and then also added that if i wish to go to ET i would need to make my own arrangements ...but it was still in that order written above....

it is a well known union famous with bells on

I know that paying the barrister is o so difficult...but necessary... i tried lots of places even CAB...but it got me no where, it was all very last minute

[miliitant]

Re: Disability question...please help

i will look into this and get back over the weekend

i am not happy

not happy at all

please speak to your barrister and find out exactly what is happening

why would you need to prove loss at a stage three grievance, the rep would handle loss of wages etc

was the area rep present at the stage 3 grievance
i take it you did a stage 1 and 2 grievance

[bluebottle]

Re: Disability question...please help

thanks for that bluebottle, but then im baffled as to why bullying and harassment is just simply on the ET1 form on its own merits, why does it have to be a discrimination of a protected characteristic?

and also, does this protection from Harassment Act get discussed in ET's? or does it have to be separate legal action in court?

The Protection from Harassment Act 1997 is one of the most cleverly and well-written pieces of legislation I have come across. The beauty of it is that you can pursue an employer through your local county court and have six years in which to bring the claim, whereas with an ET claim, this must be brought within 12 weeks of the incident that gave rise to the cause of action. It is also more difficult for an employer to defend as the effect the bullying/harassment has had on the claimant and whether any reasonable would consider the actions to be harassment are the issues the court focuses on and has to decide. The employer has to prove the bullying/harassment was reasonable in the circumstances. The fact that it made you suicidal is, in my considered judgement, sufficient grounds to seek an injunction under Section 3 of the Act, restraining the employer and those who are engaged in the bullying. However, on the day the injunction is granted or on the next working day, you must submit a claim to the court for anxiety and any financial losses suffered as a result of the bullying/harassment. It may be a District or Deputy District Judge who hears the application for the injunction, but it will be a Circuit Judge, who is more senior, who hears the claim, decides the level of damages and costs payable and makes the injunction permanent. You should be aware that this hearing will take place weeks or months after the injunction hearing. However, I would strongly advise you to seek help from a legal professional in respect of proceedings under the Protection from Harassment Act 1997.

As to your prospects of success at an ET, not being an expert on Employment Law, other LB members are experts on Employment Law, my gut-feeling and concern is that the problems with your eye may not be of sufficient severity to qualify for protection under the Equality Act 2010 and I am wondering if you would be more successful pursuing a claim for harassment and bullying through the courts.

I am going to let Miliitant give his opinion as to which would be better in your case as his expertise in the field of Employment Law is better than my own. My main field of expertise is Criminal Law and I have experience of Intellectual Property Law and a few other areas of the law.

[bluebottle]

Re: Disability question...please help

let me explain more, the outcome of my stage three grievance was financial reimbursement of losses, I had to provide an amount, so I asked the union rep for access to a solicitor who would know more about my suffering and what to ask for, they refused this and then also added that if i wish to go to ET i would need to make my own arrangements ...but it was still in that order written above....

it is a well known union famous with bells on

I know that paying the barrister is o so difficult...but necessary... i tried lots of places even CAB...but it got me no where, it was all very last minute

Did anyone mention your local Law Centre or Community Legal Service office? Also, have you checked your home contents insurance policy? Many policies provide up to Ł50,000 cover to pursue ET claims.

[miliitant]

Re: Disability question...please help

i am now going to bed, i will catch up tomorow evening

regards

millitant

[wabby786]

Re: Disability question...please help

Yes I done stage one, two and three, three was a struggle, union rep and HR kept telling me i wasn't in my rights to go to it, but I was. Eventually as part of my request was action against the manager, they apologised and done nothing else, I asked for financial compo as she kept me home without wage for nearly half a year (this was paid to me a year later) but the suffering I occurred, they said at the end to provide an amount, that's when I asked for a legal rep from unison to help me figure out the amount and they refused and added the rest on that if I went to ET to make my own arrangements.

it is sad...but ive lost faith in Union, as towards the end I feel they were together with management, they do help you up to a certain 'not serious' level, after that its every man for himself.

[miliitant]

Re: Disability question...please help

in my position in the branch

i have taken claims to a tribunal myself after being knocked back by HQ.

i have the support of my branch secretary and have yet to lose a claim, mind you, they were all settled before they came in front of a judge

the members are the union and i represent the members, not the union

that is why this is starting to turn the knife in my stomach the way you have been treated

[wabby786]

Re: Disability question...please help

thank you millitant, and everyone, I never expected this much! I am exhausted from all this thinking etc...but I have learned that I need to keep on top at last hurdle....I know Barrister is on another job next few days, then on leave for few weeks.... but you have all opened my eyes you know....i think Ill draft an email now to him now...and chek it tomorrow, I have never been up so late for the last two years, im a evening person :S

No home contents policy, and yes I went advice centre and CAB I got referred to free places, who cant allocated you a legal rep as they have hundreds of applicants and not enough volunteers, I was told it was on a adhoc basis...

Blue bottle you message about harassment act very interesting, she was previously bullying me, but now the employers as a whole seem to be doing unreasonable things. I am confident that I can hopefully prove to a Tribunal that I have a disability and after all the events I tell them and also show the reports, they may find in my favour, who knows, but I have been provided the guidance on how disability is defined, in this document... so ts a good start
http://www.equalityhumanrights.com/u...disability.pdf

I cant afford to take them court and ET, plus she was a previous manager, so don't need that now...Im more interested in how I can bring the harassment up in ET....I should be able to I think as i did also chose Other Complaints! so this should cover all the rest

you guys are really ace you know, to be awake at this time and be so alert, im falling asleep, never used to be up this late, im off now, but thanks all, ill check in tomorrow evening

bless you all

[wabby786]

Re: Disability question...please help

hello all,

I got clarity today about why the harassment is not able to be included in the ET1, and my barrister was right apparently it does not fall in the remit of 'other complaints'

Hello Militant, I emailed the union last week, this is the third email of mine that is ignored...I think they do not want to communicate with me any more

[bluebottle]

Re: Disability question...please help

Your barrister is correct. Any conduct amounting to harassment not covered by the Equality Act 2010 cannot be adjudicated on by an ET. I am sure that Miliitant will correct me on this point if I am incorrect in what I say. Harassment which falls under the ambit of the Protection from Harassment Act 1997 can be dealt with by a magistrates court, in respect of Section 2, or a county court, in the case of Section 3. You would, in all probability, be better pursuing a claim under Section 3 as the onus probandi (burden of proof) is on balance of probability, as distinct from a magistrates court where the onus probandi is beyond all reasonable doubt. The other advantages you have under Section 3 is that you can legally-restrain any bullying with an injunction and that if the bullying continues, the bully or those they procure to help them bully you run the risk of, at the very least, a fine of up to Ł20,000, or six months' imprisonment or both and, at worst, an unlimited fine, or up to five years' imprisonment or both. Don't forget the Majrowski case as this will apply to your employer whom it would appear has done little, if anything, to address the bullying you have endured. Saying sorry is not enough. Your employer must be more pro-active and come down on the bullies. A final written warning, at the very least, better, dismissal on the grounds of serious misconduct, the misconduct being that the bully or bullies contravened Section 2, PfHA 1997. A bully may also be in breach of Section 4A, Public Order 1986 (Causing Intentional Alarm, Distress or Harassment to Another). That, however, is a criminal offence, but it would be useful as a cause of action and, certainly, grounds for dismissal.

[wabby786]

Re: Disability question...please help

bluebottle cheers for that your very knowledgeable Im clear on the harassment stuff as you kindly told me everything I needed...what action you think i can take on the union for refusing me legal advice and legal rep?

im off to sleep now...but im going to drop in tomorrow

thanks

[bluebottle]

Re: Disability question...please help

bluebottle cheers for that your very knowledgeable Im clear on the harassment stuff as you kindly told me everything I needed...what action you think i can take on the union for refusing me legal advice and legal rep?

im off to sleep now...but im going to drop in tomorrow

thanks

That needs to be answered by Miliitant as he knows more about that area than I do.

[wabby786]

Re: Disability question...please help

Thanks Bluebottle, ....been two days no sign of millitant? 7


Militant where are you??

[bluebottle]

Re: Disability question...please help

Thanks Bluebottle, ....been two days no sign of millitant? 7


Militant where are you??

I'll PM him to look in.

UPDATE: PM sent to Miliitant.