Been discriminated against on the grounds of disability

[elpulpo]

That's a good point, JC. Hadn't thought about that.

Might be best Nutter just making a call to the solicitor and runningit by them. It's not inconceivable that they've overlooked that.

[nutter192]

If the discrimination had been before that time but I had only mentioned incidents after that date do I still need to change the form? of course if i say that i believe the discrimination in effect has being going on for 2 years previously to now should i just add discrimination in general i.e. being told to specifically answer the phone every time etc?

[elpulpo]

I have to say I'm not up on the new Equality Act 2010, but from what I can gather from JC's link if the UD has carried over from before 1/10/10 and is still occuring subsequent to that date, one should use the new form.

Check with the solicitor tomorrow. You've still got plenty of time to deal with this, better to get it right from the outset, and so not give them any ammunition to try and get off on technicalities.

[nutter192]

fair enough will hold fire and check with solicitor. will also ring the EHRC to be 100% sure.

[Atlas01]

i was just going to say can you hold back until later as grievance at this stage worries me but this may be because i've only skimmed the thread, i'll put my thoughts tonight when i return from the workhouse

[Atlas01]

Now i've read the thread (i did write a longer reply then clicked a link by accident and lost most of the text so this is shorter)

 

I've got to say i'd side with papasmurf here, just because you may be able to raise a grievance or potentially take action against your employer it does not always mean you should do so!

 

If you do not intend to leave this job formalising at this stage is going to bring one thing your way, daily hassle by your employer, if you think they will fall to their knees and shower you with apologetic rhetoric you could not be more wrong. The smaller the office/employer the more focused this will be until you crack or they get you on something else.

 

 

Here's the problems i see

 

 

 

1. Why must your employer buy you a hearing aid(s), do they have to supply wheelchairs, oxygen kits, insulin, etc

 

No, not every reasonable adjustment lies at the feet of your employer. There may well be a way of changing the phone to help, I'd find your nearest sensory centre in your town (yours may be called something else but they used to be centres for the deaf before the terminology was deemed inappropriate) ask them if they have any advice over combatting the issue, it may be correct hearing aids, or phone wise correct listening aids. Do some homework, the only person who will fix this for you is you in the long run

 

 

 

2. Your employer will never admit to berating you, they will state they were being factual as that you have misinterpreted it, I'd go as far as to say they may even use your hearing against you to say you misheard them, they spoke louder because they know you have limited hearing, They could use your own disability against you.

 

I'd ask to speak to your boss 1-1 and explain you were unhappy at the comment but understand her frustration at your mistake, tell her your looking at ways to rectify/minimise the problem and would welcome any input, speak to her as Mr Reasonable, even is she is a complete asshat. Maybe she is maybe she had a bad day.

 

If you do have to go further then you attempting to resolve will aid any case you have, that's why being as nice as possible is simpler than you think because the more unreasonable they are the more it helps in the long run. Keep calm whatever she says, you lose your rag you lose your argument, let the employer be the one who looks bad in the long run, in addition you never know you may resolve it there and then.

 

Part of a grievance is conflict resolution, there is nothing wrong in asking to resolve in the first instance by discussing it. If you still get the cold shoulder then you can formalise it but I seriously advise you to raise it with her first.

 

As i said earlier just because you can hit your employer with a grievance it isn't always the correct action in the long run. For the intellectuals around here i see nothing other than a pyrrhic victory in formally pursing it (now)

 

Not sure if the condemnation has condemned these two links yet but the erc are worth a chat with and also check if the access to work applies/still exists, they help pay for work adaptations but it's a while since i had a case like this and there may be rules around it being a new employee etc..

 

http://www.equalityhumanrights.com/about-us/advice-from-our-helpline/

 

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/WorkSchemesAndProgrammes/DG_4000347

 

Good Luck

[nutter192]

Hi Atlas thanks for the advice I understand what you mean with the employer hassling me etc daily but as this is happening already and I am already under enough stress as it is. I have already attempted to ascertain my rights but have been rebuffed, I have taken advice from a solicitor and am going to go ahead with the grievance because unless I do something I will be soon without a job and frankly its inevitable that something is going to happen and I'd rather be in control. Also, when I first mentioned about the adjustments I was most reasonable and calm, she was the one that was going to get stressed.

[elpulpo]

Did ya ring the solicitor re the questionnaire, nuts?

(Actually that's not a very flattering nickname, is it)

[nutter192]

rung the solicitor and he confirmed that the new questionnaire is the one to use, am currently filling it out now.

 

Don't mind the nickname, just about sums me up:-D

[elpulpo]

Grand. Apologise profusely for their mistake, did they?

[nutter192]

indeed he did asked me how I found this information out told him about CAG. I have also redone the grievance letter to take into account the new legislation that I will be serving it under and just wanted to double check it before sending.

 

Dear Sirs

 

I am writing to tell you that I wish to raise a grievance in accordance with the ACAS code of practice on Disciplinary & Grievance Procedures.

 

This action is being considered with regard to the following circumstances:

 

I feel that I have been subjected to unlawful direct disability discrimination and failure in your duty of care to provide reasonable adjustments together with victimisation for attempting to assert my rights under the Equality Act 2010 due to various incidents which have occurred during my course of employment.

 

I have enclosed a questionnaire under section section 138 of the Equality Act 2010 which provides details of the incidents that have occurred and a guidance booklet which also provides advice for responding to the questions that have been asked.

 

Please reply within 7 days of the date of this letter.

 

I look forward to hearing from you in due course.

 

Yours sincerely

[elpulpo]

Looks OK. One thing, when you say 'victimisation for attempting to assert my rights', were these situations in which you put forward a formal grievance and stated you were attempting to assert a right under the DDA? I'm not sure, but I'd have thought that for an action to be considered victimisataion, it would have to be a circumstance in which you formally complained and stated that your treatment contravened the DDA. Or certainly made it clear that you had a disability covered by the DDA. I think you've mentioned bringing things up with your employer before, is that right?

[nutter192]

yes I did when I was questioned about the card transaction, I was told that she did not appreciate my comments on this, therefore trying to stop me from saying anything about what I believed was unfair treatment and victimisation.

[elpulpo]

Well yes, you have brought the matter of DD to her, and her response was, pretty much , a veiled threat. Not entirely sure if what has happened so far would stand up as V if it went to ET. If she starts being "funny" after she receives the G&Q, that's a different matter.

[nutter192]

Right I have posted the grievance and questionnaire special delivery tonight so will makse sure that tommorrow i take my body armour with me because I just might need it!!!

 

Will keep you posted.

[bonnygirl]

Why not get in contact with Access to Work and for them to come and assess what you need, they are very good. But it does not mean that your employer will carry out their recommendations.

[papasmurf1cx]

Good Luck!!!

[elpulpo]

Got a mobile phone that has a digital record function? Just for the purpose of keeping your own notes.

You are probably going to need to keep careful record of what 'her nibbs' says in the near future.

[nutter192]

An update

 

Nothing happened last Friday, she recieved the complaint by Special Delivery, but did not mention it at all. Then today, my immediate supervisor and the manager were talking when I entered the office and they had been talking about me. My supervisor started asking me about my complaint starting with the phrase 'do you not want to work here anymore'. She then went on about what do I hope to get from this grievance as she said it was a bit heavy handed to send it in.

 

I replied that I would like to see reasonable adjustments put into place and she asked me what they should be doing re. the grievance I said that a meeting should be called to discuss it but then advised her to do her own research. The atmosphere has been terrible and I have a feeling that they are going to get rid of me. Would they be able to make me redundant? Can they dismiss me while my grievance is ongoing?

 

I have the feeling that they have no idea what they are doing and they are just looking to get rid of me now because I have rocked the boat and made it official.

[elpulpo]

Keep a record of EVERYTHING that's said. Particularly supervisors saying things like, "Do you not want to work here anymore?". That's blatant harassment. Any more of that nonsense and you need to submit an amendment to your grievance, adding victimisataion.

 

Don't enter into discussion about it. You've submitted the grievance, it should be dealt with in accordance with their grievance procedure.

 

Are the genuine needs of the business such that they're looking to make redundancies? If so, and you qualify, then yes they could make you redundant.

If they make you redundant because you've submitted a DDA grievance, they're breaking the law.

 

They can dismiss you whilst this is going on, yes. But only lawfully if they have a legitimate reason. Submitting a grievance not being a legitimate reason.

 

They quite possibly are looking to get rid of you now. Didn't you anticipate that? I didn't think we painted a rosy picture. Stick it out.

[nutter192]

Also she has told a relative of hers who also works for her. Surely this is a breach of the Data PRotection Act?

[elpulpo]

Er, don't know. Could be. Certainly naughty. If she carries on like this, it's further grievance time.

[nutter192]

they wouldnt need to make redundancies so they're just trying to get rid of me because of my grievance. I was fully aware at the begining they will probably do this.

[elpulpo]

Keep your nose clean, don't react to anything they do.

They'll probably try everything to provoke you.

[nutter192]

im not the kind of person to react to this so they will have to do more than what they're doing now.