disability discrimination at work

dave20
dave20 Member Posts: 7
Hi Guys,

i have advise my company about my Artherits. After 2 weeks of me informing them, they dismissed me from the company due to unsutability. I asked them what they mean of unsutability and there respons as " we have got no position in our organisation for a disabled person".

I am now in the process of an employment tribunal, and they are claming:

1, i have not got a disability
2, I did not inform them of my disability.


If anyone has got any advice for me on disability discrimination, please let me know, as im repersenting myself at the tribunal.

Thank you

Comments

  • janie68
    janie68 Member Posts: 1,186
    edited 30. Nov -1, 00:00
    Hi

    That is absolutely disgusting!! The way you have been treated is appalling.

    Contact ACAS, google it and give then a ring about it. You could take them to a tribunal yourself. Also, CAB are good.

    I am so mad!!! :x

    Janie
  • dorcas
    dorcas Member Posts: 3,515
    edited 30. Nov -1, 00:00
    Hello Dave,

    Welcome to the forum...but I am so sorry it's under these circumstances.':('

    You need to get urgent professional/ legal advice regarding employment rights and disability.

    Your employer, from what you have told us, has completely bypassed the correct procedures to be followed when you advised them of your disability.... and have neglected their duties and responsibility towards you.

    You have not said very much about your arthritis; when it was diagnosed, whether you are seeing a rheummatologist, your medication and how the condition affects you at work and in your daily life, how long you have worked for your current employer etc...These are questions you will be asked by anyone seeking to support and advise you.

    I would strongly advise you to contact your union (if you are a member) and have given you some contacts that may be of help:

    Employment Tribunals 0845 795 9775
    Disability Law Service: 0207 791 9800
    Equalities and Human Rights Commission tel: 0845 604 5510

    Your local CAB would also be able to offer you support, advice and access to legal advice.


    A good starting point before phoning any of the advice lines would be to write down a bit about your condition, exactly what action you have taken in informing your employer of your condition and the response(s) of your employer. Make a list of dates, points, actions taken, if that's easier, as it helps to focus the mind and will provide a good basis for discussion with them.

    The folks on this forum will be very concerned for you as many have experienced discrimination within employment, both direct and indirect. We want to support you so please keep in touch and let us know how you get on.

    We also have an excellent helpline (number at top of this web page)


    Good Luck Dave. Iris x
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
    ACAS will just sit on the fence,they are useless.I have heard nothing at all from them in my tribuneral claims.
    You need to speak to union if you have one or the CAB if not,you have a disability but as i understand it you need to have suffered longer than 12 months to be covered under the DDA.
    Keep fighting them.Did your employers offer you a package to leave?they have to give you proper notice.Post a bit more details and we will have a clearer picture.

    Is your company big or small as this can make a difference as well,you have my sympathy as this is happening to me as well and its not nice and very stressful.Whats happening to you at the moment?are you still getting paid?
    a015.gif
  • dave20
    dave20 Member Posts: 7
    edited 30. Nov -1, 00:00
    hi guys,

    Thank you for your comments.

    I was first diganose with rheumatoid arthritis when i as 16, but from the age of 11 i started to get alot of pain in my hips and the hospital just said it as growing pains. But my artherits is no so agresive that from the age of 21 i have now got Ankylosing spondylitis. I'm on the usual medication ( methotrexate, sulfasalazine, folic acid and so on). But i am now starting a new medication ( humira) where i have to inject myself once every two weeks. Ive been told that if this works i can reduce my medication. So i'm keeping my fingers cross.

    Now back to my disability claim at the tribunal. LOL!!!

    I work as a store manager for BAGS etc LTD. When i had the intervew i informed the area manager that i had a disability and this was my condition. I also informed him that i can perform the job to a high standard. He was pleased with the interview and offered me the job the next day.

    Now i worked for the company for 4 months, and that area manager had decided to leave. He had spoken to the managing director of the company and both of them was pleased with the progress of the store ie; store staff was happy, sales targes was up. So they was going to offer me a full time contract, but the printer was not working at my store.

    He informed the new area manager to give me a full time contract, but in the mean time i had a hospital appointment come through, so i informed the new area manager of the disability and that i needed time off for this hospital oppointment and also so could i have a higher step for the shop, for me to get the products off the top shelf. Her response was no you cannot have a higher step because there is no money left in the budget and if you can get somone to cover you you can have the time off but you will not get paid.

    Then two weeks later i had a letter from her for a performance review. This is when she said i was been dismissed due to unsutability.

    I have put all of this in writting to them and asked for an appeal over the dission, and they have lost my letter, but i kept sending them emails asking for a date for an appeal and they did not respond to me. they claim that my email address was blocking them. but when i sent one to the managing director his got through ok.

    I have been intouch with a friend of mine (we was at university togerther) she is a lawer who does employment law and shes helping me out. I have got a degree in la and business managemant, so this is why i feel i can do it on my own.

    We have had a case management discussion at the tribunal and now on the 1st December i have got the pre-trial. So please keep your fingers cross for me and yes ucas are crap. I think i only spoken to them twice. So sorry about the essay guys.
  • topgirl
    topgirl Member Posts: 290
    edited 30. Nov -1, 00:00
    Im so sorry to hear about what has happened to you.
    A couple of things that may help:

    Every time you send them a letter , keep a copy and make sure you post their copy with ' a proof of posting receipt'( it costs nothing and covers you if they start saying they have not received it)

    If you have house insurance check to see if you have legal cover with it. If you have give them a ring and you can get free legal advice....

    Im 99% sure you will be covered by the DDA, and your company is on very dodgy ground....

    I work in retail with RA and its difficult enough WITH support!!!!

    Im wishing you the best of luck.... Let us know how you get on

    Kay
    xx
  • yoshimi
    yoshimi Member Posts: 20
    edited 30. Nov -1, 00:00
    hello,

    Im sorry you are going through this. It is unbelievable that employers do not know about the DDA and how they have to treat people. I had trouble with my work, which is a local authority, when i was off sick after my diagnosis of RA. I they quickly reversed their position when they realised the implications of their actions.

    Here is a link to the direct gov page which in turn has a link to the human rights page.

    http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/YourEmploymentRights/DG_4001071

    Sarah.
  • markc1
    markc1 Member Posts: 253
    edited 30. Nov -1, 00:00
    dave20 wrote:
    hi guys,

    Thank you for your comments.

    I was first diganose with rheumatoid arthritis when i as 16, but from the age of 11 i started to get alot of pain in my hips and the hospital just said it as growing pains. But my artherits is no so agresive that from the age of 21 i have now got Ankylosing spondylitis. I'm on the usual medication ( methotrexate, sulfasalazine, folic acid and so on). But i am now starting a new medication ( humira) where i have to inject myself once every two weeks. Ive been told that if this works i can reduce my medication. So i'm keeping my fingers cross.

    Now back to my disability claim at the tribunal. LOL!!!

    I work as a store manager for BAGS etc LTD. When i had the intervew i informed the area manager that i had a disability and this was my condition. I also informed him that i can perform the job to a high standard. He was pleased with the interview and offered me the job the next day.

    Now i worked for the company for 4 months, and that area manager had decided to leave. He had spoken to the managing director of the company and both of them was pleased with the progress of the store ie; store staff was happy, sales targes was up. So they was going to offer me a full time contract, but the printer was not working at my store.

    He informed the new area manager to give me a full time contract, but in the mean time i had a hospital appointment come through, so i informed the new area manager of the disability and that i needed time off for this hospital oppointment and also so could i have a higher step for the shop, for me to get the products off the top shelf. Her response was no you cannot have a higher step because there is no money left in the budget and if you can get somone to cover you you can have the time off but you will not get paid.

    Then two weeks later i had a letter from her for a performance review. This is when she said i was been dismissed due to unsutability.

    I have put all of this in writting to them and asked for an appeal over the dission, and they have lost my letter, but i kept sending them emails asking for a date for an appeal and they did not respond to me. they claim that my email address was blocking them. but when i sent one to the managing director his got through ok.

    I have been intouch with a friend of mine (we was at university togerther) she is a lawer who does employment law and shes helping me out. I have got a degree in la and business managemant, so this is why i feel i can do it on my own.

    We have had a case management discussion at the tribunal and now on the 1st December i have got the pre-trial. So please keep your fingers cross for me and yes ucas are crap. I think i only spoken to them twice. So sorry about the essay guys.



    Yes i see,its a bit clearer now.You should be covered by the act and you surely must have been discriminated against,you asked for help to do your work but to no avail.

    Keep us informed with your progress Dave,fingers crossed for you my friend! :wink:
  • ritwren
    ritwren Member Posts: 928
    edited 30. Nov -1, 00:00
    Dave what's been happening to you is appaling.Thanks for taking the time to explain to us all and sharing what's happening to you. You've already had good advice here and I would second what others have said, it sounds like you have good grounds for appeal and have been up front honest and a concientious worker.
    With regard to all correspondence I would definately getget a certificate of posting for anything you send and keep copies of everything. You can also keep a record/save a copy of all your emails to them.
    It really would be worth your while ringing the Free Confidential Helpline who's number is on the top of this page.CAB can help as well perhaps and will advise what financial help you can claim for too.
    Please do let us all know how you get on and meanwhile good luck with the Humira I hope it works well for you.
    bye for now
    rita
  • chris7
    chris7 Bots Posts: 2,696
    edited 30. Nov -1, 00:00
    Hello Dave

    This sounds awful for you, you have my sympathy.
    Although my tribunal experience differs from yours I absolutely agree with the others about sending correspondence Recorded Delivery and keeping copies of emails sent and received.
    I agree with Mike above, that in my case ACAS were useless and in my opinion were cleary biased in favour of my former employer.
    One thing I would add, which the CAB suggested was to get my Employment and Personnel records under the Data Protection Act. They may stall on this but are legally obliged to provide it in full; again in my case this made very interesting reading! which reinforced my convictions.
    With your knowledge and law contacts I feel you will already had done these things, so I do hope all goes well for you. From your posts it certainly sounds like you have a good case.
    Please let us know how you get on.
    Take care
    Chris
  • dave20
    dave20 Member Posts: 7
    edited 30. Nov -1, 00:00
    Hi Guys,

    Thank you for your kind conmments and i will keep you informed of my progress.

    I have requested my personnel file on a number of occassions and they just refuesed to release it to me. So when i go infront of the judge on the 1st December i'm going to ask for a court order to be issued.

    I do send letters recorded deliever now, and also i keep all emails that i sent to. But what has amazed me is, i've just had the bundel of documents sent to me from the other side and it only shows half the emails i sent. So i put the remainding lot in my bundel.

    Once again that you guys.

    Dave
  • ritwren
    ritwren Member Posts: 928
    edited 30. Nov -1, 00:00
    Glad to hear you're keeping on top, if not one step ahead of them. :) Youu know we're all rooting for you and wish you a successful outcome. Not long to wait now before your court case. Will be keepipng fingers crossed for you.
    rita
  • chris7
    chris7 Bots Posts: 2,696
    edited 30. Nov -1, 00:00
    dave20 wrote:
    Hi Guys,

    Thank you for your kind conmments and i will keep you informed of my progress.

    I have requested my personnel file on a number of occassions and they just refuesed to release it to me. So when i go infront of the judge on the 1st December i'm going to ask for a court order to be issued.

    I do send letters recorded deliever now, and also i keep all emails that i sent to. But what has amazed me is, i've just had the bundel of documents sent to me from the other side and it only shows half the emails i sent. So i put the remainding lot in my bundel.

    Once again that you guys.

    Dave

    Dave
    Thanks for the update.
    I had exactly the same with the missing copies in my bundle which spanned a 20 year career. :roll: Especially emails! Like you I was trying to do this alone and against the might of a County Council. Glad you added your extra ones, do look at those carefully as these are the ones their lawyers don't want discussed and will presumably be in your favour. You will already know that sorry.

    When requesting personnel or employment details you HAVE to put in writing that you are requesting these 'under the terms of the Data Protection Act 1998' . I think I have the date right here, but do check. CAB advised me on this. You also have to take care to mention all the records you want especially those perhaps from meetings you attended in the latter months when the problems began, give the dates. Unfortunately this will not help you now as legally they have 3 months to do this, mine arrived on the dot of 3 months. As you say a court order may be able to ensure you get them in your case.

    This may be of use to others having problems in the future.
    Of course most tribunal cases have to be started within three months of leaving which makes the above a problem so the sooner you request your files the better.

    However in my case, it was the information I received under the DPA act which allowed the tribunal to give me an extension on this ruling. and allow a pre trial hearing.
    Sorry if this sounds too confusing, do pm me if anyone thinks I can help on this. The message is don't give up the fight easily.
    Good luck Dave
    Chris
  • topgirl
    topgirl Member Posts: 290
    edited 30. Nov -1, 00:00
    How are you getting on?
    x
  • mellman01
    mellman01 Member Posts: 5,303
    edited 30. Nov -1, 00:00
    Hi Dave how did they come to the view that you haven’t got a disability? Is it based on medical evidence or just a layman’s view of things, also how did you notified them of your illness, if you have done it by e mail then under the human rights act you have the legal right to see all company e mails and correspondence regarding your problem.
    I’m not sure it will help much but it’s worth a shot chap.
  • dave20
    dave20 Member Posts: 7
    edited 30. Nov -1, 00:00
    Hi Guys,

    I'm trying to find the AM who employed me, and during the performance review meeting i did not have anyone with me, but i did get copies of what was said in that meeting. I did not raie the concern with the chairman of the campany as i feel this matter could be resolve without the needed of going through the emplyment tribunal.

    Please let me bring you up to date now with my case....

    On the 1st December i attanded my pre-trial, and the other side are trying to say that Ankylosing Spondiliters (sorry about the spelling) is NOT a form of disability and is NOT an illness. So they are sending me for a medical cause they want medical expert to ssay yes it is a disability and an illness. But my case is going for a full tryal in April...

    Could anyone please help me.

    I have got to produce a "loss of earning's" and produce this to the court. What information should i include.

    Dave
  • dave20
    dave20 Member Posts: 7
    edited 30. Nov -1, 00:00
    Hey, I do not know how they come to the concluson that i havant got a disability. I think your right , its through layman'ss term. But whats anoyed me is i informed them of my disability when i had the job interview.

    So what store does your friend work at??
  • topgirl
    topgirl Member Posts: 290
    edited 30. Nov -1, 00:00
    Im pretty sure what you have comes under DDA....what you have is a form of inflamatory arthritis in the back( my hubbie has it)
    Did you get any payslips whilst you were there....if you have use them to prove how much money you should have earnt after being sacked...
    Cheeky ****'s........
    Go all the way.......Im pretty sure they havnt go a leg to stand on....
    x
  • maria09
    maria09 Member Posts: 1,905
    edited 30. Nov -1, 00:00
    Your place of ex work have treat you appaulingly
    How can they get away with it any condition that effects you for over 12 months & will do so forever is covered by the DDA
    I dont see how they can say you havent a disability just because your are able to work doesnt mean your as fit as a fiddle!
    We all seem to struggle on a daily basis to cope with our condition they should be just happy we want to work!
    Rant over! Hope the outcome will be good for you
    Good luck & dont let the ******** get you down! x

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