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Disability/Constructive Dismissal Tribunal Claim

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  • Disability/Constructive Dismissal Tribunal Claim

    I am trying to support my wife with work problems and wondered if anyone here was experienced who could offer advice.

    She was working in the public sector albeit in a low grade role and had a year off work whilst being treated for cancer. The treatment was very successful. When she returned to work the amount of work to do had increased due to a twin post being left unfilled. The GP advised she work reduced hours until feeling fully recovered. The employer offered this for the first month as per their policy but she was then expected to work full time. She requested reduced hours for a couple more months however they said they could not accommodate. Her HR manager suggested she go onto the redeployment register to be moved into a reduced hours role instead, as they felt this was 'reasonable readjustment'. She did this as advised however the redeployment support was minimal, simply being informed of posts that were going out to advert and being invited to apply for competitive interview (although they say she received a priority interview as per policy). She was rejected for all roles. She requested to work part time for the staff bank but again this was not followed through as it was 'difficult'.

    The internal grievance procedure was begun but they had dragged it on for ages. Stage 1 of their procedure has taken around 6 months, much of this due to the length of time it takes them to respond (even now it is not complete with us awaiting their inaction). They have acknowledged some poor practices such as not considering flexible working, but are not prepared to do anything towards meeting us halfway. After a year of inaction she had to reluctantly leave (was receiving no pay this entire period) and made it clear she was leaving due to their inaction leaving her no other option. By this point she has recovered enough that she could return to the previous role, as per the plan, however it has been filled by another staff member whilst she waits in limbo).

    She contacted ACAS to advise as per conciliation however the employer said they were not willing to enter into conciliation until their internal grievance procedure is exhausted. ACAS also advised we go through their procedure. From our now extremely lengthy and negative experience (victimising) their procedure is not fit for purpose and would like to claim for dis discrimination/constructive dismissal.

    We are receiving very mixed responses regarding when any claim would expire. Some have suggested we could no longer claim for disability discrimination as the trigger event was so long ago. But most information I've read suggests exhausting the internal grievance procedure completely before launching a tribunal claim. I fear the employer has deliberately dragged out their grievance procedure actions so that we run out of time for making any sort of claim against them.

    Does anyone have any advice?

    Many thanks.
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