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Post by adhdude on Mar 4, 2016 1:52:21 GMT
I applied for an internship at a really big global company (not going to mention any names here) and I feel like they were really discriminatory after disclosing my ADD to them. After disclosing, they seemed to have removed my information from the system. I sent several emails and made several phone calls over 3 months; they kept on saying they couldn't find my information, even though I had confirmation of my application. They eventually sent me an assessment test invite after 3 months followed by an email the next month to say I applied too late. Would I be able to take legal action? What would you guys do? Any insight would be much appreciated .
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Post by contrarymary on Mar 4, 2016 10:47:20 GMT
that's discrimination. whether deliberate or a ****up, it's resulted in discrimination rights when applying for a job are explained really well on this from the EHRC site i'd definitely follow it up, esp with a global company. it's not on. you put in loads of effort and they let you down. not ok.
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Post by Foxtrot on Mar 4, 2016 23:12:23 GMT
Definitely sounds like discrimination. You can get great advice from the equality and human rights commission website and contact number. Alternatively ACAS have a website and contact number that offers advice. Just google each. They will give you more information before deciding if it's worth contacting a solicitor. Alternatively you can write a complaint to the company. They are legally obliged to take complaints about discrimination seriously. Big companies will have a HR department who should be prepared to investigate your concerns.
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Post by Foxtrot on Mar 4, 2016 23:14:03 GMT
Just noticed your link contrarymary great minds think alike. x
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Post by adhdude on Mar 4, 2016 23:59:53 GMT
Thank you both for the advice! I got in touch with some solicitors today. Most of them said they can't take this up on a no win no fee basis and referred me to ACAS (thanks also for that Foxtrot - sounds really useful). One solicitor took all my information, a copy of my passport, etc. and said she really wants to help me with this; she said she's going to look into getting it done on a no win no fee basis (I'd rather not take a risk). Hopefully that works out, but if not, I'll definitely be in touch with this Acas I keep hearing about . Thanks again for the tips . I'll keep this thread updated.
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Post by Foxtrot on Mar 5, 2016 11:04:17 GMT
Check out your house insurance policy or any other insurance policies you have. You may be covered for legal expenses.
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Post by vagueandrandom on Mar 5, 2016 11:19:56 GMT
I found ACAS had good advice on 2 occasions when I got the sack (I felt unfairly)
The only time I disclosed my ADHD and joint problems (eds) at application stage, it was with a large London borough
who guaranteed an interview to all disabled applicants who met the person specification. It was a similar job to one I'd
done before and could probably do in my sleep and I was way overqualified, but didn't get an interview. . .
I was livid and really should have made a complaint, but by this time I was thinking of leaving London anyway. .
I think you have every right to complain. . . It's only an internship FFS! . . What do they do when recruiting for paid roles?
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Post by Foxtrot on Mar 5, 2016 17:28:34 GMT
Keep an eye on the timescales. The deadline for registering for an ET is 3 months less one day from the incident. In this case, you could argue that was 19th Feb, so 3 months from then.
You have to notify ACAS before taking an employer to an ET. You'd be offered free informal conciliation first and that will protect your deadline too.
This is where an ACAS conciliator contacts the company and asks if they are willing to engage in conciliation. You tell ACAS what will resolve the issue for you and ACAS tells the company. The company will also be aware it may end up at ET, so are likely to take seriously. You don't need a solicitor for this, though you may prefer to have one.
If conciliation doesn't work, you get a certificate from ACAS and then have the right to go to ET. Informal conciliation resolves over 70% of disputes. It's free, less stressful and taken seriously by most employers.
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Post by adhdude on Mar 5, 2016 18:52:45 GMT
Keep an eye on the timescales. The deadline for registering for an ET is 3 months less one day from the incident. In this case, you could argue that was 19th Feb, so 3 months from then. You have to notify ACAS before taking an employer to an ET. You'd be offered free informal conciliation first and that will protect your deadline too. This is where an ACAS conciliator contacts the company and asks if they are willing to engage in conciliation. You tell ACAS what will resolve the issue for you and ACAS tells the company. The company will also be aware it may end up at ET, so are likely to take seriously. You don't need a solicitor for this, though you may prefer to have one. If conciliation doesn't work, you get a certificate from ACAS and then have the right to go to ET. Informal conciliation resolves over 70% of disputes. It's free, less stressful and taken seriously by most employers. Wow, thanks for that! You really know your stuff . Definitely going to give ACAS a ring on Monday.
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Post by adhdude on Mar 5, 2016 19:02:34 GMT
I found ACAS had good advice on 2 occasions when I got the sack (I felt unfairly) The only time I disclosed my ADHD and joint problems (eds) at application stage, it was with a large London borough who guaranteed an interview to all disabled applicants who met the person specification. It was a similar job to one I'd done before and could probably do in my sleep and I was way overqualified, but didn't get an interview. . . I was livid and really should have made a complaint, but by this time I was thinking of leaving London anyway. . I think you have every right to complain. . . It's only an internship FFS! . . What do they do when recruiting for paid roles? Exactly! It's really unfair and hurtful.
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Post by manson88 on Mar 6, 2016 21:02:08 GMT
You don't have to disclose that you have a disability unless it effects the nature of the business directly!
From personal experience, You should contact the disability officer in the job centre for a chat and explain how and what has happened.
Manson88
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Post by adhdude on Mar 6, 2016 23:57:30 GMT
You don't have to disclose that you have a disability unless it effects the nature of the business directly! From personal experience, You should contact the disability officer in the job centre for a chat and explain how and what has happened. Manson88 I know, but this was one of the first places I applied to. I just thought I could do with some extra assessment test time / interview accommodations. I haven't disclosed anywhere else since.
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Post by manson88 on Mar 7, 2016 0:26:05 GMT
You don't have to disclose that you have a disability unless it effects the nature of the business directly! From personal experience, You should contact the disability officer in the job centre for a chat and explain how and what has happened. Manson88 I know, but this was one of the first places I applied to. I just thought I could do with some extra assessment test time / interview accommodations. I haven't disclosed anywhere else since. That is why, they are basically afraid to employ someone who has various disabilities. I'm going for a job next month and it's the last thing I will be telling them. Not until Im filling in the medical questionnaire and I'm sure I'm starting. It's also a good reason why you should be looking for advocacy from the disability support officer at your local jobs centre. It's the disability support officer's job to negotiate with the employer for a reasonable adjustment for a entry crtiea. That is what they are getting paid to do. They are the people who are employed by DWP to try and keep people who have disabilities in work to avoid situation like this. They could've approached the employer and said that we have a client who is capable doing the job though he needs extra time under the reasonable adjustment act of 2010.. Cause what the issue is there's people who have conditions that impair their lives and refrain them from working full time. Their not sick enough for DLA but full time work is too much also. Well all of us should have them tortured when we are going for a job to make things fair.. Manson88.
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Post by adhdude on Mar 7, 2016 0:45:12 GMT
I know, but this was one of the first places I applied to. I just thought I could do with some extra assessment test time / interview accommodations. I haven't disclosed anywhere else since. That is why, they are basically afraid to employ someone who has various disabilities. I'm going for a job next month and it's the last thing I will be telling them. Not until Im filling in the medical questionnaire and I'm sure I'm starting. It's also a good reason why you should be looking for advocacy from the disability support officer at your local jobs centre. It's the disability support officer's job to negotiate with the employer for a reasonable adjustment for a entry crtiea. That is what they are getting paid to do. They are the people who are employed by DWP to try and keep people who have disabilities in work to avoid situation like this. They could've approached the employer and said that we have a client who is capable doing the job though he needs extra time under the reasonable adjustment act of 2010.. Cause what the issue is there's people who have conditions that impair their lives and refrain them from working full time. Their not sick enough for DLA but full time work is too much also. Well all of us should have them tortured when we are going for a job to make things fair.. Manson88. Thanks for the tips . I'll look into approaching the job centre next time.
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Post by adhdude on Mar 7, 2016 15:47:30 GMT
Just gave ACAS a call who suggested I send the company an email before anything else
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Post by adhdude on Mar 11, 2016 19:17:31 GMT
UPDATE: A solicitor offered me a 25% (plus tax) no win no fee service for the case, estimating a 61% chance of winning and a compensation award of £500-£6600. It isn't exactly 'no fee', though, if I lose. I still have to pay disbursements such as barrister fees, medical checks, photocopying costs, etc. And if the accused are ordered to reimburse my legal expenses, that would get consumed by the solicitor, so it would be more like 75% for me (minus disbursement fees and tax), 50% for them, rather than 100% and 25%. I haven't written to XXX; the solicitor recommended against it for now.
Should I go ahead with this? I've never done anything like this before.
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Post by vagueandrandom on Mar 12, 2016 9:39:18 GMT
That's scary. . how much money have you got?
Considering that it was at application stage and for an internship, not employment I'd be tempted to follow ACAS recommendations and email them first.
It might be worth seeing if your local job centre has a disability employment advisor who can help with this case, or suggest how you should go about disclosure at application stage in the future.
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Post by vagueandrandom on Mar 12, 2016 9:40:25 GMT
Btw . . .you've just named the company. . .
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Post by Foxtrot on Mar 12, 2016 10:24:02 GMT
Personally I would send them an email/letter recorded delivery or read receipt.
Tell them: you believe they have discriminated against you on the grounds that they 'failed in their duty to put reasonable adjustments in place' and 'discrimination arising from a disability', this has caused 'injury to feelings.' Tell them the basic facts with dates. Leave out any emotion. Just stick to the facts.
Tell them the matter can be resolved by either a) giving you a fair opportunity to apply for an internship or b) by paying you compensation. The amount to be discussed at a later date if that is their preference.
Tell them you have been in touch with ACAS to seek advice and you respectfully inform them that you will register an intention to take the matter to an employment tribunal if you don't hear from them by ... Give them 2 weeks.
If you don't hear from them, call ACAS without delay and ask them to commence 'early conciliation'. This is where they will contact them on your behalf to try and resolve the matter. Most cases are resolved at this point. If it remains unresolved then and only then should you consider going to employment tribunal.
You don't need a solicitor for any of this.
Let us know how you get on.
You need to remove the name of the company from your last post Hun, just in case it causes any problems. Pick an alternative name for them, no need to keep it clean! LOL
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Post by Foxtrot on Mar 12, 2016 10:46:58 GMT
PS I'm not legally trained so it's not legal advice.
I've got some experience of being on the wrong end of discrimination unfortunately. Just a month after telling work about my ADHD, i was falsely accused with a serious disciplinary matter. Incompetence and bias meant that procedures were not followed causing a breakdown, ongoing psychological distress and anxiety (h&s law breach) discrimination and victimisation (equality act breaches) as well as breach of contract due to failure to fairly follow procedures.
I'm working with ACAS to resolve matters.
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Post by adhdude on Mar 12, 2016 16:04:32 GMT
Btw . . .you've just named the company. . . Whoops - thanks for that! I've edited it out now .
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Post by adhdude on Mar 12, 2016 16:16:18 GMT
Personally I would send them an email/letter recorded delivery or read receipt. Tell them: you believe they have discriminated against you on the grounds that they 'failed in their duty to put reasonable adjustments in place' and 'discrimination arising from a disability', this has caused 'injury to feelings.' Tell them the basic facts with dates. Leave out any emotion. Just stick to the facts. Tell them the matter can be resolved by either a) giving you a fair opportunity to apply for an internship or b) by paying you compensation. The amount to be discussed at a later date if that is their preference. Tell them you have been in touch with ACAS to seek advice and you respectfully inform them that you will register an intention to take the matter to an employment tribunal if you don't hear from them by ... Give them 2 weeks. If you don't hear from them, call ACAS without delay and ask them to commence 'early conciliation'. This is where they will contact them on your behalf to try and resolve the matter. Most cases are resolved at this point. If it remains unresolved then and only then should you consider going to employment tribunal. You don't need a solicitor for any of this. Let us know how you get on. You need to remove the name of the company from your last post Hun, just in case it causes any problems. Pick an alternative name for them, no need to keep it clean! LOL Oh, that doesn't seem like too bad a process. I would've thought there'd be much more to it. In that case, I think I will just send an email myself and try to dodge the solicitor fees. Thanks for that. I kind of feel bad for the solicitor, though, because she compiled a really long document detailing everything that happened, all the evidence I gave, etc. and sent it to me. But at the same time, the hidden fees don't go down so well on her. By the way, she said the exact same things about failure to make adjustments, discrimination due to disability and injury to feelings. You really know your stuff! It sounds like you've been through quite a bit yourself. I hope your case goes well, which I'm sure it will. Thanks again for the tips and insight. I'll definitely continue to keep this post updated. I'll also try not to mention the name again .
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Post by adhdude on Mar 12, 2016 16:24:27 GMT
Oh yeah, the jobcentre adviser. I've been meaning to try and get in touch with one since manson88 mentioned it a few days ago. Thanks for the reminder. I also read that legal aid could be funded by the government in some cases of discrimination. I guess that could also be worth a look. Otherwise, I guess it's just down to getting it sorted myself like Foxtrot suggests. I do have the money to pay for legal expenses, but unless I'm certain that the end outcome would cover those fees, I don't really want to go take any risks. I also kind of want to minimise the effort involved because I'm so busy with uni work - I've got a lot of coursework to catch up on, including overdue pieces, and I haven't even touched on any of the exam material all year, even though exams are just round the corner in a little over a month .
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Post by adhdude on Mar 12, 2016 19:50:08 GMT
UPDATE: Legal Aid, a government scheme that covers legal costs for people in financial difficulties, applies to discrimination cases. If you have less than £8k in savings and earn less than £2,657 a month then you may be covered. Hope this helps anyone who's in a similar predicament to me .
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Post by Foxtrot on Mar 15, 2016 19:43:41 GMT
Looks good to me, good luck
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Post by adhdude on Mar 15, 2016 20:51:40 GMT
Looks good to me, good luck Thanks! I've now emailed it to them and thankfully also received an automated email that acknowledges it .
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Post by adhdude on May 13, 2016 18:27:46 GMT
So the company ignored my emails but I've just heard back from them now through ACAS. They say it was an IT glitch and that apparently, others were affected too...
Not sure who was affected or why it took over a dozen emails and half a dozen phone calls for them to sort it out and even then only after it was already too late. My friend applied at the same time and was unaffected, so hmmmm. They also told me at one point that I was loaded onto another system because of my disclosure (over the phone, though, unfortunately - the emails hint at it but the phonecall confirmed it).
The company's lawyer is prepared to "robustly" defend the claim that it was just an accident. I still don't see what she could possibly say to defend anything but what do I know, I'm not a lawyer.
Should I take this to the tribunal?
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Post by vagueandrandom on May 14, 2016 9:27:23 GMT
adhdude . . I know from your previous (now edited) post, that this is a very BIG company. . I doubt if you would win at tribunal . . unless you can't let it go as a matter of principle . . I would let it go. . there will be other internships. . You have a lot of other things on your plate atm. . you could do without the extra stress. . I know its unfair, but do you think you have any chance of winning against a corporate lawyer?
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Post by adhdude on May 14, 2016 12:42:48 GMT
adhdude . . I know from your previous (now edited) post, that this is a very BIG company. . I doubt if you would win at tribunal . . unless you can't let it go as a matter of principle . . I would let it go. . there will be other internships. . You have a lot of other things on your plate atm. . you could do without the extra stress. . I know its unfair, but do you think you have any chance of winning against a corporate lawyer? You're probably right, but damnnnn the injustice is killing me inside from just thinking about it. And to think they can get away with this sort of stuff .
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Post by adhdude on May 26, 2016 14:24:18 GMT
UPDATE: Now that my exams are finally over I did some digging around and found this: www.unipol.org.uk/getmedia/bc3552fd-761b-423d-8ce4-1073e9b3f47b/ex160a-eng.pdf.aspxIf you aren't eligible for Legal Aid you might still be eligible for court fee remission. The criteria are much looser. Also, the company's just coming up with new excuses now, saying this all happened because they had doubts about my predicted grades and so put me on the glitchy system (not because of my disability, according to them), even though they told me from the start that accommodations take time to put into place because my details need to be forwarded and reviewed, and plus a lady on the phone at the time even confirmed this was the exact reason. Besides, why would they have doubts in the first place? Can't I have good grades and ADHD at the same time? And why didn't they mention this at all until now? They brought literally nothing up about it and even sent me the test link without asking for any academic evidence, so obviously they didn't have any doubts. And why do they always take about a week to send an email and why do they need to go through their legal team each time? If it really is something as simple as this and they really are being truthful then they wouldn't be taking so many steps. They'd simply be stating the facts. Very dodgy if you ask me, but clearly they're really sly so I'm still trying to decide if I should take this further. Court fees would be covered (I'm eligible, I think, based on the criteria I've seen). I should be able to represent myself because I have enough time to cover relevant laws and regulations now. I haven't lied at any point (unfortunately it really is all true), so I don't think I'd have to pay anything for 'acting unreasonably' and it's a really big company so apparently it's extremely unlikely I'd have to pay their legal fees if I lose. I can't really think of any risks now other than time/effort (but it could be an experience to remember anyway so maybe not even a risk in this sense). I'm skewing towards actually taking this further now. Any advice? Sorry for posting here, btw, I know this isn't a law forum but you all seem to know so much and also, nobody would understand how I feel about this better than you guys .
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