Disability Discrimination?

[Stillo]

Good Evening

I would like to ask for some more assitance if i may, i have been given valuble advise in the past with regards to this subject on these forums but i find i am now pretty sure i have suffered from Direct Disability Discrimination, my employers have not made any reasonable adjustments and i have asked for them to allow me to return to work and the posts that i could have undertaken with my visual disablity have been filled or so i have been told.

I have hard irrefutable evidence that this is not the case i have been lied to and i am being prevented from returning to work i also have a claim for illegal deduction of earnings as they are making me go sick for my disability, if i have to leave my employment it is highly unlikely i will be re employed on the salary i am on at the moment if not at all, i currently earn £30.000 per year that would drop to almost nothing if i was to be on the minimum wage.

If i did find myself out of employment would i be able to claim constructive dissmisal compensation in the Tribunal.Due to the lies and the underhand nature of the position i find myself in i feel i have lost all faith in my employers after 25 Years of service.

Regards
Stillo

[judgemental24]

Re: Disability Discrimination?

To clam constructive dismissal would mean you resign on the spot due to a catastophic breach of your contract of employment

It has to be a sudden unplanned event

What was the response given to any grievance procedures by the employer?

[Stillo]

Re: Disability Discrimination?

Hi

Absolutely no responce to my greivence whatsoever, i have at the moment lodged a complait with Acas as i understand i have to do this before tribunal.

Cheers
Stillo

[judgemental24]

Re: Disability Discrimination?

Yes you have done the right thing as it puts the employer on notice

My speciality is the Equality Act and duty of care so keep your thread updated as to ACAS

If you have now instigated ACAS put Constructive dismissal out of your mind for the moment.
It works in your favour at any Tribunal as it shows it is you being reasonable in trying to avoid redress through the Tribunal

[Stillo]

Re: Disability Discrimination?

Thank you i shall keep it updated,im just a little worried that i am to be managed out of the business i have no prospects of earning a decent living should this happen

Thank you Very Much
Stillo

[judgemental24]

Re: Disability Discrimination?

You do not have to be out of your job to instigate a claim with the Tribunal service

How large is your employer

That is employees

[mariefab]

Re: Disability Discrimination?

Is your GP issuing fit notes stating that you are fit to return to an alternate role more suited to your visual impairment?
If not, will he/she do so?
I'm asking because if your sicknotes just say that you are unfit for work reasonable adjustments don't usually come into play.

In addition to transferring you to fill a suitable vacancy a reasonable adjustment would be to swap/bump you into another suitable role. So, you might want to make a list of all the roles at your workplace that you are capable of undertaking.

http://www.bailii.org/uk/cases/UKEAT...1_09_2904.html

[Stillo]

Re: Disability Discrimination?

Good Morning

My employers are a large employer,around 6000 employees.

Marie Fab

My gp gives me her full support and yes my fit note does state fit for Duty, i have also been to see the companys occ health and they say i cannot undertake any role other than a clerical type role, i have asked for adjustments to be made now to 6 clerical roles that are considered a de motion for me even though i keep my terms and conditions and thus far have been ignored.I have also asked for reasonmable adjustments to be made to allow me to undertake a higher grade role but was told it would be a promotion and i must compete with other applicants

I have been told i must re take a clerical test that i took 3 years ago and passed to be able to work in a clerical role but i cannot see the test and they are not making the adjustments , obsticles are put in my way at every turn.

I asked to be considered for a role 2 weeks ago that had a closing date of 30th October. On the 3/11/2015 i was told the role had been filled and i could not be considered for it, one of my colleagues has an interview for the same role on the 12/11/2015 so quite clearly they have lied to me to prevent me from undertakindg the role that is suitable for me and my disabilities

Regards
Stillo

[mariefab]

Re: Disability Discrimination?

Please confirm that all your communications with your employer are in writing.

[judgemental24]

Re: Disability Discrimination?

If your employer is that laege the employment tirbunal service has case law on that and i will dig it out

They stated for an employer that large to not be able to accomodate reasonable adjustments to accomodate the act is simply not plausible

The claimant was awarded 15k with a 25% uplift for a breach of a protected right

[Stillo]

Re: Disability Discrimination?

Good Mornig

All communications so far have been via email, and Vacancies have become available that would suit my disability but i have been ignored when i have asked for adjustments to be made, the most recent vacany which was suitable and no adjustments needed i was told had been filled but that is untrue as interviews are being held for this post on the 12/11/2015 so i am being prevented from occupying a suitable post because of thier lies of this opost no longer being vacant when in fact it is

Regards
Stillo

[mariefab]

Re: Disability Discrimination?

You could carefully challenge them on this. Perhaps email something like:

Two weeks ago I asked to be considered for vacancy of (role title) the closing date for which was 30th October.
Although I was informed on 3rd November that this role had been filled I have since discovered that interviews are still to be held.

Perhaps a mistake occurred or there was some confusion about which role I was asking to be considered for.
So, I would like to repeat my request to be considered for the position of (role title).

[Stillo]

Re: Disability Discrimination?

Hi Mariefab

I shall do as you suggest but to be honest i dont think it wil make much difference,the role that is available is in the HR department as a admin assistant and the lady dealing with me is from that very department

Regards
Stillo

[mariefab]

Re: Disability Discrimination?

I would add to the end:

As you are aware (name of employer) will not currently permit me to return to work because my disability prevents me from being able to carry out my existing role. If (name of employer) would make the reasonable adjustment of transferring me to this, or another suitable role, I would be able to return.

[mariefab]

Re: Disability Discrimination?

I understand that, based on your past experience, this may not work.
However, they will be put on further notice of their failure to meet their obligations under the Equality Act by this email. If nothing else it will be evidence that you can use at a Tribunal, if it comes to that.

One question; are you currently on fully paid medical suspension.