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Should i be pressured to accept a pay off re stairs not lift?

27 replies

ARoomWithoutADoor · 23/09/2019 14:56

1 year ago I interviewed for a job, returning to the workplace after 15 years. I explained that I was long term disabled and attended on my double crutches. I also explained that I am sole carer for my two children both also disabled. The job was 15miles from my home and I am not able to drive further regularly (for both those reasons).
My employer said they were happy to accomodate this and I signed my 1 year training contract (job came with 1 day per week at Uni and continuation of job depended on successful completion of course).
I was really excited as it is the bottom rung of a career path that would be very suitable for me as i have lots of transferable skills and as it is desk bound I could realistically work in this field until i retire.

Unfortunately, not only was there a lot more travel involved, my desk was on an upper floor of the building, with no lift, meaning I had to go up and down stairs, on my crutches, carrrying work equipment such as laptop also. The loo and some client time was on the ground floor. I was never shown the fire escape (ground floor) or given an exit plan.

I staggered on for 4 months but became increasingly run-down and ill and was getting giddy and nauseous with the extra pain and fatigue. The extra strong pain meds also slowed down my work rate slightly.
Work were unsupportive and my line manager (one of many) was really sneery and actively unhelpful. Things such as the Staff Xmas lunch were arranged for the upstairs of a restaurant and a competition my office team won was rearranged to be a physical prize.

My GP signed me off with stress and nausea and fatigue end Jan.
Work called me in today and told me: 'we cannot accomodate ground floor working, we cannot offer you another position (though was one which would be suitable) we suggest you accept a settlement of 2 weeks wages in addition to the 1 week you are entitled to, and that is generous, we'd usually only offer the 1 week'. This was done through a 3rd party agency. If i do not accept then they will continue with the 'welfare route' and demand another Occ H report, GP reports, Formal meetings, a number of attendances, and this will all be a cause of stress I could choose to avoid. I was told to decide today.

I have asked for time to think. I understand that i would waive my right to pursue a Tribunal but I dont know how realistic this is?
£700 in lieu of a chance to qualify in a new career doesnt seem much. The 3rd party woman asked me: 'what's the issue, do you get that tired in the lift?' I had to explain there WAS no lift, that was the whole point, which they knew when they employed me.

OP posts:
ARoomWithoutADoor · 01/10/2019 11:28

UPDATE:

I'd asked for clarity re my job prior to the meeting but been told it was a meeting to discuss my welfare only. At the (3rd party) meeting they offered me a settlement of 2 weeks wages to decide then and there or they would press ahead with Occ H who would find me unfit for work. I asked for time to take advice. It was quite hostile and at the end of the meeting I said I felt both pressured and bullied.

I contacted CAB (who have an ex-barrister avail for advice) who, on Friday, said she felt i had an arguable case for Disability Discrimination and should not agree to waive that for less than 8 weeks wages.

I looked for the business card of the 3rd party agent who had conducted the meeting (and wavied it around at the beginning) and could not locate it so i emailed my employers to say please can i have her details (i was only given a first name in the meeting).

I have today had a reply to say that 3rd party person indeed had offered her business card 'on the premise that the welfare meeting was being converted to a settlement meeting' which would then have facilitated direct contact with her through the settlement process. However she told me the reason she did not follow through on leaving her contact details was due to your preference to have the welfare process completed so you can understand our position before making a decision as to whether you would prefer to consider settlement instead but had not 'followed' through on giving it to me as I had been clear that i wished for the Welfare process to continue. If i wish for them to reconsider settlement i have until 2pm tomorrow.

OP posts:
ARoomWithoutADoor · 01/10/2019 17:49

I'm going to start a new thread to ask the last Qu
I cant get hold of the CAB person again, and I need to reply by tomorrow.

OP posts:
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