PCPS - Policies, Criterias & Practices - WHAT is considered a Practice?

[Shannara]

Hi again,
I'm trying to set down the particulars for my case following my ET PH and need to prove on the 'failure to make reasonable adjustments' front that one of the PCPs (and lack of adjustment to) caused me a detriment........can anyone clarify for me, what exactly is a 'practice'. I am assuming with no legal background (litigant in person) that this is the way something is done routinely, such as how 'custom and practice' can be argued in contract. So would a practice be, anything that is done in a certain way, over a certain length of time, regardless of whether it is written down as a company procedure, or what?
I plan to argue that the PRACTICE of them not responding to written communications or providing timely minutes, outcome letters, etc.. adversely affected my condition which is a communication disorder and repeatedly asked for written communications in a timely and clear fashion to help support my disability. This was consistently ignored. However, company POLICY may suggest that they do respond to written comms, but PRACTICE, they certainly do not.

Am I barking up the right treat? The RA part of my claim is quite dependant on my understanding of this.


I guess I could ask ACAS this but wanted to try here first in case you guys can help:tongue2:!

[jay69477]

Re: PCPS - Policies, Criterias & Practices - WHAT is considered a Practice?

Hi again,
I'm trying to set down the particulars for my case following my ET PH and need to prove on the 'failure to make reasonable adjustments' front that one of the PCPs (and lack of adjustment to) caused me a detriment........can anyone clarify for me, what exactly is a 'practice'. I am assuming with no legal background (litigant in person) that this is the way something is done routinely, such as how 'custom and practice' can be argued in contract. So would a practice be, anything that is done in a certain way, over a certain length of time, regardless of whether it is written down as a company procedure, or what?
I plan to argue that the PRACTICE of them not responding to written communications or providing timely minutes, outcome letters, etc.. adversely affected my condition which is a communication disorder and repeatedly asked for written communications in a timely and clear fashion to help support my disability. This was consistently ignored. However, company POLICY may suggest that they do respond to written comms, but PRACTICE, they certainly do not.

Am I barking up the right treat? The RA part of my claim is quite dependant on my understanding of this.


I guess I could ask ACAS this but wanted to try here first in case you guys can help:tongue2:!

Hi there, I am sure someone will be along to help you properly about your point, I am currently in a similar kind of mess and have had to do a bit of research into this.

I think your might be barking up the wrong tree, what you are describing are procedural failings within what I presume was a disciplinary or grievance process, these should be dealt with by the right of appeal you should have been offered. As my solicitor and a wise person on here told me, "just sounds like they are a crap employer, but unfortunately being a crap employer isn't illeagal.

PCP have to be something that is related to specifically how you do your job.

Im deaf and a BSL user and felt I had been discriminated against arising again due to a lack of reasonable adjustments, however as my disability is mainly related to communication and there was not much communication involved in my day to day task, it wasnt straight forward, I took legal advice and the intial response from my solicitor was" I can't see the PCP therefore I dont think its discrimination", in essence my disability didnt affect my work performance. However after a few helpful comments from the posters here I went back to the solicitor again and he can now see my point a bit clearer and has agreed to take the case.

Hope this helps in the meantime but someone more qualified that me will no doubt be along to help.

[Shannara]

Re: PCPS - Policies, Criterias & Practices - WHAT is considered a Practice?

Thanks so much for your reply jay - and sorry you find yourself in a similar debacle.
My disability is autism... and I have requested on numerous occasions including as part of a grievance that as an RA i need clear written comms to help me manage the anxiety within my autism.
I planned to argue the PRACTICE of them not replying is the pcp "area" but wasnt sure if them not replying is a practice.. they commonly dont reply to anyone or anything......and this affected me very adversely

[Openlaw15]

Re: PCPS - Policies, Criterias & Practices - WHAT is considered a Practice?

Hi again,
I'm trying to set down the particulars for my case following my ET PH and need to prove on the 'failure to make reasonable adjustments' front that one of the PCPs (and lack of adjustment to) caused me a detriment........can anyone clarify for me, what exactly is a 'practice'. I am assuming with no legal background (litigant in person) that this is the way something is done routinely, such as how 'custom and practice' can be argued in contract. So would a practice be, anything that is done in a certain way, over a certain length of time, regardless of whether it is written down as a company procedure, or what?
I plan to argue that the PRACTICE of them not responding to written communications or providing timely minutes, outcome letters, etc.. adversely affected my condition which is a communication disorder and repeatedly asked for written communications in a timely and clear fashion to help support my disability. This was consistently ignored. However, company POLICY may suggest that they do respond to written comms, but PRACTICE, they certainly do not.

Am I barking up the right treat? The RA part of my claim is quite dependant on my understanding of this.


I guess I could ask ACAS this but wanted to try here first in case you guys can help:tongue2:!

The law is that companies must make reasonable adjustments for disabled people. A PCP means provision, criteria, practice and is likely to discriminately affect disabled persons. PCP could be an exam, a work test, a practice that people without disabilities can usually do, etc. In your situation, as you say you have a disability it means any 'provision, criteria, practice' the company uses must not discriminate against you. Practice normally relates to things like work tasks, interviews, which have a discriminatory effect to disabled persons. I don't think the time it takes for a company to respond is a disability related issue, ie not relevant for practice.