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Disability discrimination case

10 replies

StripeyChina · 20/06/2019 16:51

I have raised a Grievance (which was rejected) and then an Appeal (also rejected) against my employer due to them not notifying me that I could only work at an upstairs desk (I am permanently on double crutches and no lift plus i would have to come up and down the stairs frequently to see clients.
Employers are now claiming they offered me a ground floor desk at another location (not commutable distance for me due to disability). I do not recall this and they stopped access to my work email account before the Grievance Procedure. I want to ask them to provide copy evidence of a written offer of ground floor desk at location B.
I also thought I'd point out that I said I couldn't regularly commute to location B at interview and that on the very few odd days i had to they allowed me a '2 location day' unlike other staff which shows they acknowledged that even weekly this was a problem for me.

I want to now bring a Disability discrimination case.
I dont know whether to only ask for the copy written evidence bit or also to make the points about it being an offer my health would not allow me to take up anyway?

OP posts:
TinklyLittleLaugh · 20/06/2019 17:47

Are you in a union OP?

PancakesAndMapleSyrup · 20/06/2019 17:50

How long ago was this? Employment tribunals have really tight timescales to bring in action it's 3 month's less 1 day from the last detrimental act. You also need to go via ACAS first to try and resolve it as ACAS have to issue a certificate for it to be allowed to proceed to tribunal.

LIZS · 20/06/2019 17:52

You could just make a Subject Access request and see what comes back. However especially given you only worked there a relatively short period are you sure this is worth the time and energy, both physical and mental? Have they terminated your employment now?

StripeyChina · 20/06/2019 18:36

Still employed by them atm. but on sick leave. I assume they will fire me soon - does that count as a 'detrimental act'?

Appeal doc mentioned offering me employment in location B. I do not recall that, and they knew fine well I couldn't travel that far anyway.

Its a charity offering MH services to the public and behaving contrary to the very stuff it preaches so it is awful really

OP posts:
PancakesAndMapleSyrup · 21/06/2019 13:30

I think you are going to have some difficulties with not having access to your emails but I would advise going straight to ACAS now to try and put things right. Do you want to go back if things can be put in place? I would also urge you to seek some legal advice. Does your home insurance cover legal or anything like that?

ProfessorSlocombe · 21/06/2019 14:23

I dont know whether to only ask for the copy written evidence bit or also to make the points about it being an offer my health would not allow me to take up anyway

Surely it's more important that they have a record of your refusing the ground floor office ?

StripeyChina · 21/06/2019 15:10

I can't go back. It was a training post with a Post Grad course being taken simultaneously (training put into practice at work, work feedback as part of my qualifying evidence for academic award)
Permanant job offer to be taken up on successful completion of the academic course. I was kicked off the course as I was signed off by my GP so had 'missed too much'. So, i will not be able to qualify in my new field or take up a permanant job offer with this Co or any other in the field. It is a big blow to me.

Yes, that is useful to ask for evidence of my rejecting the location B job offer too, thank you.

OP posts:
Rememberallball · 21/06/2019 16:01

I would do a dSAR request including all written and electronic records they hold about you and also include transcriptions of any recorded telephone records (depending on whether the company record calls) in case they say you verbally declined the downstairs office.

PancakesAndMapleSyrup · 30/06/2019 15:15

Did you manage to get some legal advice up on your position?

StripeyChina · 03/07/2019 11:50

they have provided copy of an email with me asking for a downstairs office due to pain and fatigue. I say if they cannot offer that can I at least have a desk against a wall so i can prop my crutches up?

They gave me neither despite there being opportunity to do so.

They've confirmed no written offer by them of ground floor in other office or my reply declining that offer exists which is useful as it shows that the independent 3rd party's sudden referring to that was a red herring.

They've still not fired me. I cant resign due to benefits. So i shall go back to ACAS to ask if i can start a DD action or if I should wait till they fire me?

OP posts:
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