Been discriminated against on the grounds of disability

[papasmurf1cx]

If they got rid of you whilst the grievance is on going I would say that is Victimisation. Gossiping about your grievance to relatives could also be a Victimisation. Get writing, note everything, submit another grievance if necessary about the things that ahve been said and done eg talking to you about the grievance outside the grievance procedure everything anything. If they don't know what they are doing they will make horrible mistakes and the atmosphere will get worse. Eventually they HAVE to address the issue and take a course of action, if they ignore it, that is discrimination and possibly victimisation too. The thing about a detriment is that eventually you have more acts of victimisation than the original act that you grieved about.

 

Stay strong. They may start to bully you, if so complain put in another Grievance etc etc

 

keep us informed, we are your support structures and the moaning post.

[nutter192]

right. Two things happened today, first the Manager told me that she had recevied my letter that I had sent and that she was going to take advice on it. She then started asking do I want to leave? I said no and said that she should call a meeting as soon as possible. She left it at that. Then my supervisor after asking me on Monday why I am doing my grievance started again by saying 'what do you expect to get out of this' I replied 'I do not wish to discuss this matter' She then said that she was very disappointed in me. I replied again that I did not want to discuss the matter in a calm voice (as I do) she then said 'don't talk top me for the rest of the day becuase I don't think I can be civil to you'. I just replied 'ok' and I done some other work away from her today anyway.

 

However does this count as victimisation and should I put another grievance in against my supervisor?

[papasmurf1cx]

Nutter it would help if we knew exactly what you are trying to achieve because you will find that everything they do now could in some way amount to continuing acts of discrimination. being excluded from normal conversation, being isolated, especially when you have a hearing problem could be a detriment and victimisation. It is clear they are doing these things because you have lodged a grievance, so it depends on what you want as to what you do. So have you got it clear in your mind?

[nutter192]

It is quite obvious to me that they want to get rid of me. What I want to do is get out of there with the best possible result on my side. For example if they do a compromise agreement with a decent reference I will be quite happy to sign it (of course will obtain legal advice first).

[papasmurf1cx]

Well if I were you I would also be wanting a monetary settlement for injury to feelings. If you are willing to put up with the cr*p directed at you and the atmosphere in the office I would put in as many complaints that will have them reeling. Compromise agreements normally gag you so they need to make it worth your while to move on.

[nutter192]

Apologies if i sound stupid but what is a monetary settlement?

[papasmurf1cx]

Pounds and pence. Why go through what you are going through and not receive some compensation. The point is that employers would continue to discriminate unless there was something to stop them and ultimately that is compensating the victim.

[elpulpo]

right. Two things happened today, first the Manager told me that she had recevied my letter that I had sent and that she was going to take advice on it. She then started asking do I want to leave? I said no and said that she should call a meeting as soon as possible. She left it at that. Then my supervisor after asking me on Monday why I am doing my grievance started again by saying 'what do you expect to get out of this' I replied 'I do not wish to discuss this matter' She then said that she was very disappointed in me. I replied again that I did not want to discuss the matter in a calm voice (as I do) she then said 'don't talk top me for the rest of the day becuase I don't think I can be civil to you'. I just replied 'ok' and I done some other work away from her today anyway.

 

However does this count as victimisation and should I put another grievance in against my supervisor?

Yes, absolutely. What M and S have said to you about this is completely unacceptable.

[nutter192]

Ok, I am going to do another grievance for victimisation. Another event that has happened is that today I got the silent treatement from my supervisor, it was like working for a mime with me sounding like I was talking to myself. I did'nt challenge her about this but does this also count as victimisation i.e intimidation etc.

 

Also she has been telling her relatives including her sister who also works with me. This has been most akward and I believe that she is in breach of implied duty of trust and confidentiality. She has also given me a letter stating that a meeting will be held at a time of my choosing. Should she have by now let me have a copy of the grievance procedure?

 

Also, if the grivance means that I get reasonable adjustments, I feel however that I won't be able to stay, will I still be able to take it to a tribunal for disability discrimination and victimisation?

[elpulpo]

Yep. Needs to be done, unfortunately. Keeping a record of everything?

The talking to others is arguably a data protection issue.

They'll hold a meeting at a time of your choosing!?? No. They should convene the hearing and give you notice.

Yes, you should be provided with a copy of the Grievance procedure.

Yes, if they make adjustments but carry on playing silly buggers towards you, it's looking like an ET.

[papasmurf1cx]

We did say that you will be in for a torrid time. Look up the Equality Act 2010 http://www.legislation.gov.uk/ukpga/2010/15/part/2/crossheading/other-prohibited-conduct for harassment and victimisation. You will spot these acts very easily. Keep noting them in the grievance mention specifically the words harassment and victimisation because you have alleged discrimination and have previously raised a grievance.

 

You MUST not be the first one to crack here.... let THEM do the horrible act ie getting rid of you. You will be on far stronger grounds than if you leave.

 

if I were you.... (been there done that got the T shirt) I would keep putting grievances in for every act you are subjected to... and if your health suffers, which I am sorry to say is very likely over and above where you are now, then take sick leave.

 

One of the tactics employers use is to drag the process on in the hope you will give in and just go away... don't. keep up the pressure on them. They will hope you run out of money and get a new job thereby making it cheap and easy for them. Stay the course... and that could be months and years, and they will have to pay you out a reasonable sum (depending on the seriousness of the discrimination and victimisation). if you get ill then that too is actionable in the ET along with the injury to feeling.

 

One tactic you could use if you get the cold treatment again... is be VERY up front and state to the person in quite clear and careful language that you consider that the treatment is calculated to harrass and victimise you and that if the treatment does not cease then a further grievance will be put in and report it immediately to the supervisor / boss so their inaction should it continue also is an act of victimisation. Then make the note immediately in your notebook (making up the time later on just so they can't get you on that!!)

 

keep us posted... letting off steam here will be worth it at the end of a horrid day.

[elpulpo]

Torrid. Now there's a word.

[papasmurf1cx]

Torrid. Now there's a word.

 

glad you like it meant as 'highly charged emotionally' as opposed to 'dry arid'

[elpulpo]

My father had a betamax video recorder.

[papasmurf1cx]

My father had a betamax video recorder.

 

????????????? lost me with that one Pulp

[nutter192]

OK, done a draft grievance letter for victimisation, could someone give it a going over? All criticism welcomed!

 

I wish to raise a further grievance in respect of victimisation that I have been subjected to for raising my original grievance. Under the Equality Act, victimisation occurs when an employer or employee creates an ‘intimidating, hostile, degrading, humiliating or offensive environment for the employee who has raised the grievance’.

The grievance centres on various incidents that have occurred which are detailed as below:-

23rd March 2011

I entered our office after making the drinks at approximately 10.30 am when A started asking me about my grievance stating ‘what do you expect to get out of it’. I replied by saying that ‘I did not wish to discuss the matter’. A was obviously getting annoyed because she then declared I’m really disappointed in you and how could you do this to us’? I once again replied in a calm voice that I did not wish to discuss the matter. She then said ‘don’t speak to me for the rest of the day because I don’t think that I can be civil to you’. I just replied ‘ok’ and left the room.

25th March 2011

I was attending a client in reception and once the client had left, C said to me ‘I’m finding it very hard to talk to you’. I replied ‘what do you mean?’ She then told me that she knew about the grievance from you. I stated that this was a breach of employee confidentiality and left the room.

 

I also wish to point out that I believe that you have breached the Data Protection Act 1998 by disclosing personal information to other employees working in the firm who should not have been notified of a grievance namely C. This has made my working conditions more difficult to undertake and would also consider this a breach of the implied duty of mutual trust and confidence by attempting to force me into a position where it will no longer be possible to carry out my job.

I therefore request that a meeting is held without further delay and look forward to hearing from you in this regard.

 

Yours sincerely

Nutter192

[papasmurf1cx]

I wouldn't put this part in "Under the Equality Act, victimisation occurs when an employer or employee creates an ‘intimidating, hostile, degrading, humiliating or offensive environment for the employee who has raised the grievance’. " because apart from the fact that definition is harassment it is not necessary. Keep to facts. Otherwise it looks fine.

[nutter192]

ok all changed and ready to hand in tommorrow thanks for the input.

[elpulpo]

Sweet

[elpulpo]

????????????? lost me with that one Pulp

Actually, it was a Philips video2000. Are you with me now?

[nutter192]

Grrrr seems the post office have lost my recorded delivery letter about the incidents of victimisation, more incidents have occured with my supervisor which I will send tommorrow recorded delivry again (fingers crossed). I am however going on holiday for 10 days and also I had an interview for another job, I have an answerphone message from the agency asking my to call them. If I accept the job and hand my notice in tommorrow presuming the job is mine I will give two weeks notice so that I am holiday for the duration of the notice. The question is can I still take them to an employment tribunal after I give my notice for injury to feelings, failure to make reasonable adjustments etc???

[elpulpo]

Possibly, though of course the award would be diminished by the fact that you left your job and found alternative employment.

Probably still worth pursuing.

[nutter192]

Right resurrection of an oldish thread. Just to update, I have had the grievance meeting which I recorded and the whole process was a whitewash.

 

I have been to see a solicitor becuase I was dismissed on the grounds of redundancy effective from 1st June, the solicitor says that I have an excellent case becuase of the recording of the grievance meeting in which nothing was said or implied to be done that would assist me with reasonable adjustments, in fact it was a case of her being arrogant and providing a stupid excuse for every reason of discrimiation.

 

I have been told by the solicitor that I have to appeal even if its only for the sake of it. I must also point out that in the redundancy letter she also addressed the grievance by writing one paragraph about how they could not afford amplifiers on the phone and did not address any other aspects of the grievance. I have drafted an appeal letter below but would appreciate a little input on my effort if someone could be so kind.

 

Dear **********

 

I wish to appeal your decision to terminate my employment by reason of redundancy as of 1st June 2011.

I feel that the reason of redundancy was not a valid reason for the termination of my employment and I believe that in fact I was dismissed for raising a grievance and presenting you with a ‘Equality Act 2010 discrimination and other prohibited conduct’ form.

There was no discussion or consultation of redundancy amongst all the staff and as far as I am aware no other members of staff were considered for redundancy and the entire process was unfair.

I therefore believe that instead of addressing my grievance you have merely taken the easier option of announcing my position as redundant despite having never been consulted on this. In additon, you have failed to provide in writing your entire findings from the grievance and would request that you provide your findings to each point as detailed in the grievance.

I look forward to hearing from you with regards to an appeal meeting in due course.

Yours sincerely

Nutter192

[honeybee13]

Hello Nutter. Not a spelling mistake in sight, it reads well . I don't feel able to comment on the technical content, but someone with more knowledge than me should be along.

 

I agree that you should go through the appeals process. Certainly with ET claims, you need to show you've done this. I wish you well with it all, please keep us posted.

 

My best, HB

[nutter192]

Right another update have received reply to appeal letter that boss is on holiday and that she will deal with it when she gets back (tommorrow)

 

Another query is that I have not yet received my redundancy, PILON and holiday pay with my P45 yet. They have said that I am technically employed until 1 June because of one months notice however I thought they were meant to pay me final monies as soon as I left or a reasonable time after or am I clutching at straws here?

 

Also I have applied for JSA and have showed the redundancy letter showing final date including months notice of 1 june and they have allowed me to claim benefit. Is this right?