Damson6 - Disability discrimination?

[Damson6]

Hi, I have worked in my job for 21years but became disabled due to an accident at work, about 5 years ago.I have now had a meeting I thought to support me but 3 days before it became a re-deployment meeting.I was given 3 months to find another job or I was out.I am 60 and if one job states I am being medically discharged no other job will take me.
My union rep gave lots of support and advice on how without cost that I could continue my job,everyone was turned down but my union rep did insist on an Occ health assessment first.
Is this discrimination and can you imagine what its like working in the team when they all know, I am being discharged.

[matt3942]

Re: Disability Discrimination

[MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION] could you please create a new threat for Damson6's post? Thank you

[Kati]

Re: Disability Discrimination

@Kati @Amethyst could you please create a new threat for Damson6's post? Thank you

done xx

[teaboy2]

Re: Damson6 - Disability discrimination?

Has the employer carried out an assessment in regards to reasonable adjustments that they can make to enable you to carry on with your role?

Failure to make reasonable adjustments amounts to unlawful discrimination, unless they have carried out an assessment and can proof the costs or the adjustments would be unreasonable. So if they have not carried out a assessment as to what adjustments need to be made, what the costs are and if said costs are reasonable or not. Then any dismissal would be automatically unfair and amount to disability discrimination!

Also is the employer aware they can get funding for making reasonable adjustments under the governments access to work scheme? https://www.gov.uk/access-to-work/overview

It may also be wise to speak to Access to Work directly as the claim has to be made by you, not the employer - But you can get funding up to Ł40,800 per year for adjustments costs, travel and support you may need in work. You can also explian the situation to them and they may be able to help with dealing with your employer.

atwosu.london@dwp.gsi.gov.uk
Telephone: 0345 268 8489
Textphone: 0345 608 8753

There is more details as the the help you can get via access to work here - http://www.disabilityrightsuk.org/access-work

If you can get the access to work grant and the employer still dismisses you then that would be unreasonable and unfair dismissal too, as they wouldn't be able to argue the costs where unreasonable since they are not the ones paying for said costs! Unless the costs amounted to more than Ł40,800 and the additional cost was an unreasonable cost that the employer would have to pay for!

[Damson6]

Re: Damson6 - Disability discrimination?

Hi Teaboy2

I think my line manager was told after my meeting that she can't just dismiss me.Therefore the record of the minutes were changed to say they would support me.Apparantly the written word is the most powerful.
I now have to work with my manager and she is not happy with me.

[teaboy2]

Re: Damson6 - Disability discrimination?

Hi Teaboy2

I think my line manager was told after my meeting that she can't just dismiss me.Therefore the record of the minutes were changed to say they would support me.Apparantly the written word is the most powerful.
I now have to work with my manager and she is not happy with me.

I would tread very carefully then as its clear your manager wants rid of you. It may be wise having an informal chat with HR manager about this whole thing!

Did you contact Access to Work as i had suggested?

[Damson6]

Re: Damson6 - Disability discrimination?

Hi,
I have had access to work in and things put in place. This manager that I have now does not know about access to work as they came in before she joined our team.Access to work have agreed to give me more support. i.e come into work and talk to my manager.

[teaboy2]

Re: Damson6 - Disability discrimination?

Well that's good to hear, i wonder if they had contacted someone above your manager about the matter on your behalf?