HR

[NameChange101113]

I was given a letter to attend Stage 3 meeting regarding absences due to my disabilities, where it stated I could potentially be dismissed. I asked the HR officer if I should resign, since I’d probably end up being dismissed anyway.

She re-assured me that I wouldn’t be dismissed because if the employer wanted to dismiss me, he’d call me “into his office and do it that way.”

Long story short, I ended up being dismissed. I feel so stupid for believing the HR officer. I feel so wronged that she told me I wouldn’t be dismissed, then ended up having my contract terminated immediately.

Do I have any grounds to attend a tribunal for that issue with HR? I’ve already decided that I’m going to make a tribunal claim for disability discrimination anyway (for other reasons that I haven’t mentioned).

I had worked there for 3 years btw.

A sensible approach from them I think!

Your disability impact statement should technically be enough, but as a litigant in person there’s no harm expanding in your WS if you want to.

Thank you (yet again). I’ll certainly do that.

I have a good amount of evidence e.g. a couple of messages telling my line manager that I would be late to work due my physical disability. An email to my line manager again - explaining that I was struggling with the stairs at work due to my physical disability. Text messages to/from the respondent themselves explaining that I was hospitalised due to said physical disability, so would not be at work on that particular day.

They later used that absence due to my hospitalisation to dismiss me 😓

I think I’m more nervous about being cross examined about it than anything else. I want to make sure that I remember everything that I want to say.

The Respondent’s barrister seemed hell-bent on having a (third!) PH on the matter of my physical disability, which the judge refused as it was not necessary and would waste time.

I have a feeling that the respondent refused to concede because they wanted to cross-examine me, rather than genuinely not believing I was disabled by way on my physical disability… Not sure how correct I am, mind!

Old thread - apologies.
Have you found another job ?

In light of today’s announcement, I have to wonder how realistic it is for the government to get disabled people back to work if employers don’t make reasonable adjustments.

I completely agree. I’ve been wondering that myself…

Sorry in the delay of my response. No, I haven’t. I’ve been on disability benefits since my dismissal due to a breakdown. I’ve been placed in the support group following my Work Capability Assessment.

I hope you have some easier days soon

Be kind to yourself

Thank you x

Final hearing is very close now, so it’ll all be over soon

Hi OP,

I wondered how you have got on? I'm waiting to hear back from the Respondent/ judge to see if I have an ET case for disability discrimination. I've read this thread with interest.

Best of luck! We still haven’t had the final hearing, but it is very soon.

@MrsPinkCock Thank you so much for your advice about expanding on my (disputed) disability in my witness statement.

In my witness statement, I discussed each time I informed the Respondent of the difficulties I had at work in relation to my physical disability and referred to the relevant emails/text messages/chat messages/Back to Work form in relation to my physical disability, which are in the bundle. I also included the messages where I informed the Respondent that I was hospitalised due to my physical disability and their responses etc.

I think it’s going to be a big help because the Respondent asserted in their Grounds of Resistance that they were not aware of my physical disability until after I was dismissed.

My witness statement (and the subsequent evidence) proves that they had constructive knowledge (at least) of my physical disability throughout my employment.