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disability discrimination, ET1 and return to work

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  • disability discrimination, ET1 and return to work

    Will try to keep this as short and concise as possible. Looking for some guidance.
    I have been on LTS for a year from my employer where I have worked for nearly 17 years.
    I have experienced bullying, harassment and disability discrimination on and off during these years and it finally came to a head whereby I had a complete breakdown and could not take it anymore.
    I submitted a formal grievance about the way I'm being treated and also a failure to make reasonable adjustments. I changed departments and the adjustments they were happy to make before were suddenly a problem. I felt I could not return to work until my grievance was resolved, until all adjustments were in place and until my mental health was better.
    It has taken a year for them to resolve my grievance, only to not uphold anything! I had 4 folders full of evidence. Even two witnesses confirmed what had been said and done to me.
    Their outcome letter, plus my manager's witness statement include further discriminatory statements.
    Nothing has been done regarding a return to work. No adjustments have been put in place despite Occ Health and my GP saying I can't return to work until they are in place.
    They are arguing that they couldn't resolve my grievance until I came back to work. They are arguing that they have made adjustments for me and the additional adjustments I require are not reasonable and that I can have a member of staff helping me instead - I need a sign language interpreter! They think they can have someone writing things down for me! I had an interpreter before and now its a problem! They are completely going back on what was previously okay!
    So I have submitted an ET1, did that in November and I have heard nothing.
    I have heard nothing about a return to work and my half pay ends at the end of this month (6 month full pay and 6 months half pay). I can't afford to stay off but I can't return to work either. I feel I am being forced to return to work for financial reasons even though I will struggle without the support I need and with the same environment I left. I cannot afford to just quit and obviously it will be hard to find alternative work, although I am looking.
    I am being put under a lot of pressure from my family to return to work even though I don't have what I need in place. I have a union representative who tells me to stop badgering him because he is busy. All he said to me is "you are suing them, they are discussing it, just wait and see" but that doesn't help my financial situation or my anxiety!
    I was hoping for some further advice on what I can do and if this delay is normal re the ET1? I haven't even heard if they've received it or sent their ET3 back yet.
    I am in Scotland
    *
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  • #2
    My knowledge is based on England and Wales but the Employment Tribunal system in Scotland is similar. How did you make your claim since the first step is for you to contact ACAS via their early conciliation process.

    Here is a link to details*https://www.acas.org.uk/early-conciliation
    I do my best to provide good practical advice, however I do so without liability.
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