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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to ask work to not make me decide tomorrow?

16 replies

ARoomWithoutADoor · 01/10/2019 18:37

Background: I have mobility problems. I applied for a job and disclosed this on the form. I attended interview using my walking aids. After induction I discovered my permanent desk was upstairs - no lift. I tried really hard but became increasingly run-down and in pain and my GP signed me off.

Since then, I have been invited to a number of wellbeing meetings. Ive been asked what would help and I have said level access working. Prior to the last one 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 hosted, only first name given but business card flashed at me) meeting they said they could not accomodate ground floor working but offered me a settlement of 2 weeks wages to accept then and there or they would press ahead with Occ H who would find me unfit for work and I would be dismissed. I asked for time to take advice. It was quite hostile and at the end of the meeting I said I felt pressured.

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 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 from owrk 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 so 3rd party agent recommends work withdraw the verbal 'settlement' offer. If i wish for them to reconsider settlement i have until 2pm tomorrow.

I did NOT say I had decided I wished for the Welfare process to continue, but that I would like time to get advice and would revert to the person holding the meeting. I am signed off with stress and during the meeting i said that I felt pressured. The 3rd party person followed me out to my car and was fairly unpleasant throughout. I will not be given the minutes of the meeting until the back end of next week, yet the are giving me until 2pm tomorrow to respond?

I'd like to run this past the CAB,
IABU to ask to have until Friday?

OP posts:
GiveMeAllTheFoodPlz · 01/10/2019 19:09

Firstly, I'm sorry you're going through this, and commend you for being able to say you needed time to consider your options.

Secondly, your employers are trying to pull a fast one.

From what you've said, you have a case for disability discrimination and should NOT settle for two weeks wages.

My guess is your employers know this, and that's why they're pressuring you to take the two weeks wages; they know they're on shaky ground and want to problem to go away quickly.

You could likely get a lot more, and justly, than what they're offering.

Stick to your guns here.

Cherrysoup · 01/10/2019 19:18

Ring ACAS for advice.

ARoomWithoutADoor · 01/10/2019 20:02

I will try and ring ACAS in the morning.

CAB legal bod said to make counter offer of 8 weeks wages now as part of settlement discussions, but how if i dont have the contact details of the 3rd party person?

I am now on benefits. Any monies I receive will, I guess come straight off those anyway??
so I am hardly going to get rich, (2 weeks wages = £700, gross) but i would like them to think twice about doing this to someone else

OP posts:
ARoomWithoutADoor · 02/10/2019 08:24

Ive no idea how to find out about the benefits situation either.

CAB only open a days a week

OP posts:
Ash39 · 02/10/2019 08:55

How long did you work there? They should have provided reasonable adjustments to make you comfortable , but if you had just started work, then went off straight away I don't think they need a reason to dismiss you...

ARoomWithoutADoor · 02/10/2019 09:01

4 months, so a really short time.
But really long when you are trying to go up and down stairs each day in pain and scared of falling. It made me ill.

OP posts:
TripleASays · 02/10/2019 09:12

Sorry to hear you're going through this. I'd contact ACAS about this- they're great.

Gazelda · 02/10/2019 09:31

OP, can I suggest you ask for this thread to be moved to Employment or Legal? There are some really helpful experts/professionals there who could give you good advice.

WorldEndingFire · 02/10/2019 09:40

YANBU to ask to have until Friday. Please ask CAB about having a health advocate to attend with you so that you have someone to represent you and you don't face such a meeting alone. In future please join a trade union so that you have access to legal advice and representation, you deserved so much better than this. www.tuc.org.uk/join-union

WorldEndingFire · 02/10/2019 09:41

Might be with requesting a call back from these people too actionondisability.org.uk/advocacy/

ARoomWithoutADoor · 02/10/2019 09:50

thank you all.

I called ACAS and EASS but they say i need legal advice so cant help..

I've asked to have until next week (when they say they will supply minutes of meeting by). That seems reasonable. Well see what they say

OP posts:
Tonnerre · 02/10/2019 09:56

CAB legal bod said to make counter offer of 8 weeks wages now as part of settlement discussions, but how if i dont have the contact details of the 3rd party person?

You make the offer direct to your employers.

Batqueen · 02/10/2019 09:57

FYI you do not need any length of service to bring a discrimination claim. The two years service rule does not apply in cases of discrimination for protected characteristics (ie disability).

Batqueen · 02/10/2019 09:59

And as Tonnerre said make the offer direct to your employer. They will correspond with the 3rd party.

ARoomWithoutADoor · 02/10/2019 09:59

Tonnerre
thanks, that's useful to know.

Trying to find out if it would come off my benefits now. I suspect so.
In which case i might be better taking chance with Tribunal anyway.

OP posts:
Lougle · 02/10/2019 10:03

If they are offering you a compromise agreement, they have to pay for you to have independent legal advice. Agree nothing until you have been given the appropriate advice.

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