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Post by sleepwalker on Jun 13, 2013 13:50:09 GMT
Hi...
It looks like I am going to be taking my employer to tribunal, I have been away from work for nine months. I disclosed my ADD to my employer and was asked to "refrain from work" I was told to get a GP certificate to keep me at home. Before I attempted a return to work a few months later I was provided with a list of conditions I had to comply with; these included where I had to sit, where I was not to work. I was forbidden from wearing earphones at work....I was told I had "to display a positive attitude at all times". I have the list of conditions in several letters and e-mails, they seem to change with each iteration.
In a couple of weeks my pay stops altogether, I have been paid contractual sick pay at half rate for a the last few months. I now face the almighty task of organising and managing a case at tribunal as I have not been able to find any way of making my employer understand that they cannot put conditions (or "expectations" as they have now rephrased them) upon me especially as they dont relate to all the staff....I have not been able to get an explanation from them for the conditions..
I submitted a grievance which they would not accept as it did not "conform to the grievance policy"
I worry that despite my burning sense of injustice and my willingness to wear the cape of disability rights champion... My lack of organisation; my innovative and ever changing procrastination techniques and my personal dislike of confrontation is going to lead me to deliver a badly wrapped package of gripes, complaints and quibbles to the courthouse for my employers legal team to swiftly tear apart and deposit in the waste bin.
The thought of having to stand up in the tribunal to represent myself fills me with dread...
Does anybody have any experience of the tribunal process or representing oneself?
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Post by Kathymel on Jun 13, 2013 14:11:28 GMT
From what you've said it sounds like you have a strong case for disability discrimination. Both the Disability Discrimination Act and the Equality Act have clauses which would support a case for this.
I can only imagine how much stress you are going through just thinking about this, but I hope you do go through with it. Your employer should be hung out to dry for treating you in this manner.
If there is anything at all that I can do to help, whether it is proofreading, research, whatever, please let me know.
Please know that you will have a lot of people on this forum rooting for you as you are doing this for all of us.
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Post by simonwgill on Jun 13, 2013 14:48:03 GMT
That is a horrible situation sleepwalker. Who have you got representing you in the tribunal? As the old joke goes - a lawyer who represents himself has a fool for a client.
I agree with kathy too, there is no way they should get away with this. At the very least you deserve the pay you missed out on while they didn't want you to do the job you were doing.
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Post by JJ on Jun 13, 2013 14:52:14 GMT
I think you should give ACAS a call - from my limited understanding and a quick,look at the website, they'll be able to either help you directly or at least give you info on who can help. My friend used them for advice about a workplace dispute (many years ago) and I remember her being impressed with their help. Can't paste the no here but it's easy to find on their website.
Good luck and keep updating xxx
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Post by Kathymel on Jun 13, 2013 15:06:28 GMT
As for experience with tribunals, I have been though one. It was against Housing Benefit, who had stopped my money in the belief I was co-habiting, despite having no proof whatsoever that this was true.
I went to the CAB to get help. They set me up with a volunteer lawyer who came to the tribunal with me and did most of the talking. She added some weight to my case and I don't think I'd have won without her. I would think seriously before representing yourself. Make it as easy as you can for yourself by getting as much advocacy and support as you can.
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Post by jan on Jun 13, 2013 20:56:11 GMT
so sorry to hear this - i think i remember your threads from ages ago when you were trying to decide where to go with this - am i remembering right - are you a teacher and you were saying before the union wouldnt back you or something? sorry if i've remembered that wrong. i saved the name of a solicitor that dealt with adhd discrimination cases ages ago - i don't know if he's any good or you'l need him if youve got cab or whatever in mind to help but i'l go and search now and come back and post it just in case
wish was more could do to help - have you got family and friends supporting you through this?
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Post by jan on Jun 13, 2013 21:48:21 GMT
this is what i was thinking about but dont get any where when try the website so don't know if its going to be of any help, could try pm'in him but he hasnt been on for long time. planetdave may possibly know more - sorry couldn't be of more help but keep posting to let us know whats happening or even just to have a good old vent all the best tremont Member posts quite a bit Posts: 142 disability legal advice4 Jun 2012 at 4:48pm Quote . . Post by tremont on 4 Jun 2012 at 4:48pm Hey Everyone, Been a very long time since I have been on here. I have been working in the House of Commons as a disability caseworker and have seen the new changes to benefits and am so outraged that I have set up my own advice service. www.disabilityparalegaladvice.org.uk/ My old website is advertised on the site and no longer works. I hope I can help as many people as I can especially with ADHD. Ashleah Dean Skinner, F.Inst.Pa Qualified Paralegal - Institute of Paralegals Disability Paralegal Advisory Services Ltd www.disabilityparalegaladvice.org.uk/ . . Quote .
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Post by Kathymel on Jun 13, 2013 22:18:16 GMT
Looks like he registered the domain name, but never did anything with it. Shame.
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pammig
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Post by pammig on Jun 25, 2013 9:54:50 GMT
Hello sleepwalker - I actually work for Acas (when I'm capable), they know I have been referred to adhd clinic but have not treated me in this appalling manner. I know a lot about the tribunal process if you have any questions. You can call the helpline on 08457 47 47 47 (I used to work on that as well so well clued up). If you have any questions, just ask.
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Post by manson88 on Jun 25, 2013 14:17:05 GMT
The equality commission is the people to talk to they will advise you on what to do.
Sent from my GT-I9300 using proboards
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Post by dizzydee on Jun 25, 2013 14:37:46 GMT
That's disgraceful I hope that you get all the help and advice you need, they should not be allowed to get away with treating you this way!
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pammig
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Post by pammig on Jun 25, 2013 15:32:38 GMT
Hi sleepwalker, if an employer does not want an employee at work due to health concerns, they cannot insist that you go off sick. If they don't want you there they have to suspend on medical grounds on full pay.
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pammig
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Post by pammig on Jun 25, 2013 16:10:19 GMT
Hi sleepwalker, if an employer does not want an employee at work due to health concerns, they cannot insist that you go off sick. If they don't want you there they have to suspend on medical grounds on full pay.
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Useless
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Post by Useless on Jun 28, 2013 18:12:15 GMT
Hi Sleepwalker. Sorry to hear about your situation. If it's any consolation (which it probably isn't) I'm going through a Tribunal now. Its been a steep learning curve but I've picked up a lot. I would suggest you google this, "Proving disability and reasonable adjustments, a guide to evidence under the equality act 2010 by Tamara Lewis. It gives a pretty long and detailed account of what you need and she has done some other guides which are very helpful too.
I have to say though. Is it worth it? I think I have been discriminated against in pretty much as obvious a way as is possible with stacks of evidence. The internal investigation in the NHS Trust I work in (as a psychotherapist) was a farce. They threw the rule book and much of the evidence out of the window, (almost literally). The Tribunal is an uphill battle too, with a myriad of legal crap you have to negotiate. Its not easy but I felt I had no choice and so much evidence in my favour. I'm learning that evidence, facts, the truth and even human decency don't count for much when these organisations know that they have screwed up. Things have happened in my case that I didn't think possible, (they've faked documents, ignored rules, disposed of evidence etc etc. A few of the all female team I work with got excited when I got my diagnosis last year. They withheld my caseload, withheld my professional accreditation and then put me on capability procedures when I started referring patients for diagnosis of adhd, thinking that it was just me being obsessed with it. Turned out the I was right with each person referred. I put a complaint in and instead of backing down and apologising and moving on they dug themselves deeper and deeper in. Much of it down to one new supervisor who is insecure about her ability (with good reason) and her disliking of men. Anyway.....rant over. You want to send them a questionnaire asking specific information which you believe may indicate discrimination. Do this before submitting the tribunal claim or within 28 days I think. Read the guide I suggested. Don't let the fuckers grind you down, but believe me, its an uphill struggle and beware that apparently only 3% of disability discrimination cases win
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Useless
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Post by Useless on Jun 28, 2013 22:11:00 GMT
Loads more I could mention as some others have. ACAS have been about as helpful as anyone for me. Give me plenty of time on the phone. The equality advisory service can be pretty good too.
The tribunal would want you to go through the internal process first, but as previously mentioned, when an organisation knows it has screwed up in some way, they close ranks, the rule book disappears and the investigation will be a sham. Maybe I'm speaking too much from personal experience here and its not always like that but it seems to be the way. You've probably got bored and moved on to something else by now if you are anything like me although once I get injustice thrown at me I go into "we shall fight them on the beaches mode" and will be here for a while yet. 6 months since my complaint started and they haven't broken me yet......although I feel I'm coming close. Good luck. No surrender.
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pammig
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Post by pammig on Jun 30, 2013 12:56:11 GMT
Hi Useless, a very familiar story in my line of work. Yes, you're right, very few discrim cases are won. When you believe an injustice has been done you must be relentless. I too have had my share of problems at work and I don't back down. When it comes to employment issues, if you are a member of a union they should also be able to help.
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