Thank you SarEl. I can relate to what you said about letting the tribunal chase it if they feel it is relevant. For my PHR I had prepared arguments about 'Deduced Effects' and weight of evidence but the judge did it for me before I got the chance. The Respondents solicitor tried to capitalise on my lack of experience a couple of times and although I could see this and feel I could have responded, the judge again did it for me. I haven't had time yet to look at that case law but still will. The people I had looked at as comparators all worked from home because this was how the contract was run before they were transferred to this employer under TUPE. There are at least two of their policies that they did not follow which is much easier to evidence. I will of course mention that other people already work from home. On the ET3 they stated that I could not work from home due to data protection issues regarding client's files. I was surprised to see this as there are already several people working from home and keeping their client files there. I have worked from home in the past so know it is possible as long as data is kept confidential and in a secure, lockable unit.

Thank you for clarifying that for me SarEl. I'll have a read of that case law later today. My employers policy sets out what action should be taken when someone makes a request for home-working (which I did). This policy and the assessment procedure was completely ignored in my case and they instructed a private detective to spy on me (funnily enough, not in the policy). The comparator I had in mind is a real person but they were working from home from the beginning of their contract (several existing contracts won by current employer and merged into one team) so I'm not sure that helps me?

I've offered them the opportunity to enter into negotiations for a compromise agreement previously but they weren't interested. It may be a different story now the Tribunal have found me to be disabled as per the DDA. I've drafted my grievance and emailed it to my representation for their opinion.

I managed to obtain an answer of sorts from my representation. Using advice and information given here, in addition to my own research, I have made the decision to raise a grievance regarding the 'spying'. At my last greivance, I was aksed what I thought they should do to put things right. This question took me by suprise a little as I expected them to be offering solutions to a problem they created. Does anyone have a view on this in case I am asked the same question regarding my second grievance?

I have a thread about my current Employment Tribunal already but am concious that using just that one thread will make it more difficult for people searching for advice on similar issues. I want to use a 'Comparator' to show I have been treated less favourably. The concern I have is that I don't have detailed information about the comparators or any proof to back up my argument - just what I know. Will an Employment Tribunal expect me to be able to provide proof? How can I obtain the information? For example, one element I know is that; I work with vulnerable people in their own homes, providing generic support and advice; The comparator works with vulnerable people in their own homes, providing specific support and advice.

Thank you for the support. I never thought I would suffer from anything like depression or anxiety or paranoia. I've always been very laid back, let nothing phase me and very confident. They are a charity and a limited by guarantee company so not-for-profit. I have suspicions that it was the lone decision of one director to hire a private detective to spy on me. The fact that they did not use the footage when I was going through the grievance process speaks volumes and then they did not tell their solicitors about it until, as you said they got really desperate. It was only after they realised that I wasn't going to put up and shut up that they started using the excuse that they did not believe I was a disabled person as defined by the DDA. In answer to my grievance, the director dealing with it basically said because you don't have a disability, we can't have discriminated against you, or harassed you or treated you any differently. That will come back to haunt them now the Tribunal has found that I am a disabled person and as such afforded protection by the DDA.

I sadly have little confidence in my representation but I'm hoping to find someone else. I often ask them questions which go unanswered. Rather than be lead by what I want, they seem to be entirely focussed on their own agenda. The best example I can give you is regarding 'Deduced Effects'. I asked them time and time again if this should be included in my statement but received no response and no advice either. At the PHR this was one of the areas the judge focussed on so it's a good job I'd done my homework. I will ask about the advice but don't hold out much hope of a helpful response. I clearly need to act sooner rather than later so if I have no luck with them explaining my options I'm going to go with a grievance. I don't think this can prejudice my case and at least I will have done something about it. I don't see what they could do about the damage they have done though. The usual process would be to first submit a grievance to the director of my department but I would have thought it would have to be someone higher up who sanctioned the surveillance so I'm not sure whether I should just send my grievance to the CEO? Just as an aside, I found out during the PHR that my employer only told their representation they had the dvd footage in late November. It was recorded in mid August so they held on to it for several months before deciding to use it. I though this strange and am left wondering if I have seen all of the footage or just the parts they thought they could use to incriminate me!

Thank you honeybee, and everyone else for the advice and support. I do feel much more confident now about representing myself at a hearing. I've had a lot of experience supporting people to engage with services such as Social Services in relation to child protection for example and also dealing with debt collectors and service providers on peoples behalf but my confidence had taken quite a blow because of everything that has happened. I do feel that I've got some of that back now

Thank you SarEl. I was informed there were 'DVDs' in mid December and finally obtained copies in early January. I asked my adviser about it as soon as I saw them but was told to wait to see what Counsels opinion which was only received on Monday. I have been through the grievance process but in relation to discrimination - I was not aware of the DVDs at that time. My grievance was upheld in the manner in which I was treated. They said they could not provide a full response as they needed more information about my health. They asked me to have a medical and I agreed. The medical was very much in support of my disability being covered by the DDA and agreed that the adjustments I had requested were reasonable and would have addressed the necessary issues. This is the last time I heard from my employer - probably because I submitted an ET1 but if I had not done so I would have missed the three month deadline and potentially still have got nowhere with my employer (this had been going on for nearly a year before I applied to Tribunal). Should I consider a grievance based on the 'spying'?

Thank you for your response SarEl I think the main basis of the advice was that they have breached the implied trust by spying on me. The issue I have is that with everything that has happened, I cannot see any way that I could return to work for them, even health permitting. I'm not sure what my options are and I'm struggling to get an answer.

The PHR has happened now and the tribunal agreed that I do have a disability for the purposes of the disability discrimination act so that's one major hurdle over! My representation only put forward my claim under article 8 of the HRA the day before the tribunal so understandably the tribunal was not impressed. I ended up winning it based on my verbal representation, treatment, medication and extensive medical history. In my view the Tribunal took a common sense approach in relation to the dvd evidence - i.e. less than 3 hours footage over two days in contrast to 13 years of medical history. The tribunal also commented that my representation had failed to specify what my claim was - only stating disability discrimination despite me telling them I wanted to claim 1. Failure to make reasonable adjustments 2. Harassment and 3. Disability Related Discrimination so this is to be the subject of a telephone CMD. I had received advice from Counsel who agreed that I had a strong claim and that the Tribunal was likely to find in my favour and also find that my employer failed in their duty. They have advised resigning (mainly on the grounds of my employer 'spying' on me) and claiming constructive unfair dismissal. Any advice on this would be most welcome as my representation are dragging their heels. I've had a lot of issues with my representation and they have made many mistakes that the Tribunal commented on so I'm looking now for alternative representation but may end up doing it myself.

The filming was done before even my grievance. All that had happened up to the point when they filmed me was I'd been off work for 12 weeks and had asked for adjustments. I hadn't considered the further victimisation (As other have suggested, I have been a little blinkered by my disgust at what they'd done). I also hadn't considered the point you made about whether they would film someone without a disability - this argument is stronger I think given that it pre-dates my grievance. The reason they gave for refusing home working (without doing any assessment as per their equality policy and their home-working policy) was that I needed to make use of administrative support. I replied to this time and time again. In my job, everyone did their own admin. There was an admin officer who visited our office once a week and all she did for me was take my post which I did myself every other day of the week and I gave her stats to collate. Nothing at all that required me to be in the office permanently. I challenged this several times in writing and was ignored.

I am focusing on these in the most part but I was hoping to have the DVD evidence omitted. I am confident I can provide a defence but it would be more favourable not to need to. The evidence of disability that I have is: The Doctors report they commissioned My doctors letter to my employer regarding my condition X-Rays which show the degree of degeneration, the bulging discs and the narrowing space where the nerves are being impinged Physical findings from Doctors mentioned and pain management specialist - limp, limited flexation, muscle wastage, reduced sensation Acknowledgement of certain factors in letters from my employer. For example "in recognition of your intermittent back problems", "those having the most significant impact" Contract was transferred under TUPE to present employer. My manager was involved with informal reasonable adjustments under original contract holder Original contract holder's head of personnel confirmed in writing current contract holders were made aware of my disability, I was recorded on their HR system as having a disability, my application form stated I had a disability, they had made reasonable adjustments for me Over 12 years of medical records Painful treatments and 25 tablets a day including pain killers, anti-inflamatory tablets, tablets to relax muscles and reduce muscle spasm

It does sound ridiculous and illogical but yes - this is what they are arguing, that I don't have a disability as defined by the act. This was the discussion of a Pre Hearing Review. It was conducted by phone in my absence. My solicitor commented to me that the Chair sounded surprised they were contesting my status regarding the act.

You're right but I took so long writing the reply to SaEl I timed-out you so beat me to it. Here it is: Thank you for your reply SarEl. Your advice makes a lot of sense and is very useful, thank you. I'll try to clarify some things I've omitted: I've also realised that I have failed to mention what is being challenged! When I lodged my grievance, the Director refuted everything I had said solely on the basis that he did not think I had a disability as per the DDA. I took my grievance all the way to the CEO and it was upheld in the manner in which I had been treated. (more about that below). They are concentrating their whole defence on saying I don't have a disability as defined by the DDA.. I haven't said I'm unfit to do my job. I'll try to summarise: I was off work as I'd had a flare up. While off I asked for reasonable adjustments to enable me to return to work. They refused to act and didn't give a satisfactory reason. (On a personal note, I started my first 'proper job' in 99. I have worked continuously since then without a break of more than a weekend between finishing one job and starting the next. I have had several jobs in this time due to the nature of the of the contracts which are usually funded for 21/24 months. In all of my previous jobs I have been able to make reasonable adjustments without any detriment to workload or finance or other team members and continued to work without long periods of sickness leave. I have a strong work ethic and am passionate about my work which broadly speaking is supporting vulnerable adults). I returned to work under the same conditions I had explained were affecting my health and ended up too ill to continue again. Whilst back at work I almost begged for help but I was just told over and over again that my issues had been dealt with. By dealt with they meant they wrote back to me and said they shouldn't cause me problems - again all without any assessment. I asked for help to manage my condition so I could continue to work - with the same workload and without any additional cost. My condition has gradually become worse and the situation at work was aggravating it. All I asked for was to work from home as other employees already did. I was having to climb several sets of stairs many times a day, potentially had to park a long way from the office, had to ask someone to move so I could move from my chair, couldn't use my pedestal as there was no room for it and so on. It was clear from the outset that my request wasn't even going to be considered. Their own policy on requests for adjustments was ignored. The manager I asked (worked in head office) did no assessment of my workspace, had never seen the office and didn't even know what floor it was on. I lodged a grievance which was subsequently upheld with regard to the way I had been treated. The response asked that I agree to a medical to enable him to give a full response regarding my health. I agreed to the medical. The Doctors report agreed with everything I said - that I could work with these adjustments in place. He also stated that the adjustments I'd asked for were reasonable and that my disability in his opinion met the definition as per the DDA. Clearly this was not what my employer had wanted so now they are using covert surveillance they paid for to try discredit the medical they paid for.

Thank you for your reply Mash It Up Harry I've read McGowan v Scottish Water. I picked up on a couple of points where my case differs. With regards to proportionality, unlike McGowan I was on sick leave so no risk to the public and even if I had been at work I think they would struggle to prove a risk to public safety. With respect to his claim regarding Human Rights, the tribunal commented that his wife could have been seen by anyone using that public road. The same cannot be said of the footage of my partner and me who were filmed in the car and through the windows of my house. They have focussed the camera on my neighbours window for some time and several of my neighbours have been filmed conversing with me. They should also have the right to respect for their privacy too. The property was on a relatively secluded cul-de-sac on an estate on the outskirts of town with no reason for anyone but residents and visitors to be there so it is not unreasonable to expect privacy. The other part I looked at was the statement that 'the covert activity went to the heart of the investigation .....'. In my case they already knew my disability fluctuated, evidenced by two medical reports and from conversations with me. I have two documents from them where they acknowledge the intermittent and recurrent nature of my disability so they have only proved what they already knew. Hence my argument that it was not proportional. There are some questions to be answered regarding the DVDs. The statement submitted regarding the DVDs differs significantly from what is actually shown. It also looks like footage has been 'cherry-picked'. They had been in possession of the DVDs for 5 months and done nothing with them. I know that even if it was decided that the footage breaches the Human Rights Act the judge could still consider it but I will still have the option of taking action separately.

I've been away and done some reading. I'm in touch with someone about these issues but if they can't help, I'm going to get in touch with Liberty and/or the Equality and Human Rights Commission. From what I can gather, there is a breach of section 8 of the Human Rights Act. There may also be relevance to the Data Protection Act. Also, the footage is "Intrusive" so this may be relevant also. I thought I'd list the main issues now I've read some legislation and see if anyone has any additional thoughts.... At different times in the surveillance, the camera is focussed on my bedroom window, my neighbours kitchen window and through my kitchen window. They have captured a moment of intimacy between my partner and I in one of the shots through the kitchen window They have filmed me in my car They have filmed me speaking to several neighbours They have filmed my children - not just as they are there but have zoomed in on them! I don't think they had sufficient "proportional" grounds for filming me. I'd been off for 12 weeks and asked for reasonable adjustments - that's all!

Thank you for your replies - I've plenty of reading to do. I didn't realise I had any because I thought I'd receive email notifications. (Need to check my settings). Also, sorry for the lack of information - I was in the dark myself when I first posted but could have given more detail about my health...(Just in case anyone is concerned about what I write here, I am aware that these forums are public and as such my employer could identify me from the details I have provided but I don't have anything to hide)......I have degenerative disc disease - pretty much all discs in my lumbar spine are dead. I have bulging discs in my lumbar spine causing stenosis. Reduced sensation and muscle wastage on right hand side. Cramps and muscle spasms as a result. Insomnia & depression. I have finally seen the DVD's. They show me and my step-children on my drive, cleaning 2 cars. It's perhaps ironic that I was cleaning the cars ready to sell as I couldn't afford them any more since my pay had been reduced then stopped. They have recorded me on a good day, being able to bend much better than usual. It does show my constant limp, awkward and painful walk. I still have some footage to review but there's hours of nothingness to skip through. What it doesn't show is that I was crippled after doing it! I feel the videos are very subjective and it gives me shivers that my children have by association been watched and recorded too. Despite these videos I'm still confident that I have a good case as the many reports and x-rays etc cannot be discounted as they are factual and physical findings. A couple of weeks after these DVD's I could barely walk and the physical findings when I saw the pain consultant again aren't something that you can 'fake'. My concern is that they did not have grounds to watch me given the medication I'm on (23 tablets a day and counting), the MRI scans, the medical examination, my gp's letter, my evidence, the fact they were made aware I had a disability when I started working for them etc etc. To top it all off, since I heard about these DVD's before Christmas I've been a wreck! I've only left the house once and that was to see my doctor about my depression medication. I've also started having anxiety attacks. I've known people who have them before but believe me, you don't know how horrible, debilitating a scary they are until you experience it yourself. I was a very confident, social person and now I'm too anxious to leave the house and taking meds for depression. It wasn't enough for them to rob me of my profession, my income, my stability, my capital (cars & guitars) and my privacy, they have stole a big part of who I am. I really hope they don't get away with this when we eventually go to tribunal. All of this because I asked for a reasonable adjustment! The adjustment would not have cost them anything, would not have reduced my work rate (it would have increased it) and was something that able bodied employees were already doing!

I'm going through a tribunal at the moment for disability discrimination and harassment. I am off work due to various health problems. I have this morning found out that my employer's solicitor claims to have video evidence but has so far failed to disclose it. My solicitor has applied for a disclosure order. I know for a fact there is no video evidence from my workplace and in any case, if there was it would support my claim. I feel this evidence has to have been obtained covertly of me at home or shopping as these are the only places I go with the exception of the doctors and the hospital. I have struggled to find useful info about the law regarding employers doing this. Does anyone know about this or have any resources which may be useful?

Hi again honeybee. That makes sense to me actually, especially if the voluntary employer was accommodating of my needs - unlike my own employer! Hi cbbc. My medical was mid-June. Great to hear to won your appeal. It's shameful that so many people have to go through the appeal process to receive the support they need. All of the energy spent dealing with substandard medicals could be better used.

The appointment yesterday went well. I didn't realise that I would have one appointment there and then go somewhere else for the rest though. I'm going to be seen by a Pathways adviser for the rest of the appointments. I also discovered that I have a review medical in December. The adviser was surprisingly knowledgeable and very pleasant to talk with. We discussed my current position in relation to my current employment and the possible outcomes and what I might do if I didn't return to them. I was pleased that it was accepted however that without a crystal ball, it's impossible for me to make any decisions or predictions. The possibility of voluntary work and permitted work was discussed. In my current position, I'm fairly confident that if I did either it would be used against me by my current employer and ultimately the Employment Tribunal. Having said this it's a fine line at the moment between managing my health and aggravating it. I've lived with it for more than 10 years, becoming progressively worse so I know my limitations and I'm certainly not going to push it and end up in a wheelchair for anyone!

Thank you for your reply honeybee13 I have my first appointment this morning so I'll know more soon. I've prepared for the meeting with one of my CV's, medical information (a proper detailed one done by a military Occupational Health Assessor) and a list of questions. My contract of employment allows for other work as long as it does not conflict with the aims/ethos etc of my employer and does not affect my availability for my main job. Having said this, if I did any work at present they would try to use it against me at tribunal. I may have to resign and claim constructive dismissal in addition to the discrimination and victimisation but I'm being guided by my solicitor on that one. I've worked in Jobcentre (before it became JCP and went pear-shaped IMO) and most of my career has since been working for various charities supporting specific groups with employment issues and I've managed one of JCP's contracts for supporting people with disabilities into work. With all of this in mind I'm hoping that my adviser is an experienced one. Having worked there, I have the utmost respect for the good ones but also know the standards they should be working to and have dealt with some terrible ones whilst supporting people.

Hi I have searched the internet and these forums but can't so far find an answer.... I was off work due to disability, received full pay then half pay then went onto SSP and once it ended I claimed ESA©. I have had the medical and been placed in the Work Related Activity Group. Now the thing is, I'm still employed! (Long story short I had asked for Reasonable Adjustments under the DDA; they said no; discriminated against me and victimised me. Went through the Grievance process and had it upheld but they still haven't actually done anything. I have a solicitor on-board and I'm taking them to tribunal). Before they introduced this terrible benefit, I would have been on incapacity benefit until I went back to work and so would have been largely left alone. In theory, and as far as JCP know, I could be going back to this job once I'm fit enough. So with all of that considered, why would I want or need Work Focused Interviews? I know they're mandatory but surely pointless for someone who already has a job!

Since questioning their request they have decided they no longer require it. Funny that!

My operation took place on a Saturday. Therefore the days I am taking as sick-leave are part of Saturday through to Friday - the 7 days I was advised to rest for. If I worked Saturdays I would be going back then but the next working day is Monday. Therefore if I needed a sick note, I would be requesting it for 7 days and no more.