Disability Discrimination

[pioneer22]

Hi,

 

I am thinking about making a grievance about my line manager for a failure to make reasonable adjustments under the equality act. I don't want to get into details about it but does anyone have any advice for composing a settlement agreement or advice about entering those discussions?

 

Is it worth on my grievance mentioning that unlawful discrimination is gross misconduct what will their reaction be to this would a business investigate or start a disciplinary process for a key manager? As they have admitted to failing to make reasonable adjustments I'm not sure if I have this in writing though.

[obiter dictum]

You are going to have to give a bit more in how the employer is contravening your implied "Protective Characteristics" under the Equality Act 2010

 

The Employer can discriminate with an "Objective Justification"

[pioneer22]

I quote what the solicitor has sent me:

 

They have failed to appreciate their duty to take the lead in making reasonable adjustments, what those adjustments might involve, and that they needed to be tailored to the specific difficulties which the clamant faced – based on an individual assessment, not a generalised assumption of what dyslexia is and is not.

 

They just simply havent bothered to do anything about it.

[obiter dictum]

The employer has a "DUTY" as stated to make reasonable adjustments when identified under the Act.

 

Who has told you that you are covered under the ACT?? Occupational health can make an informed decision on behalf of your employer but the ultimate decision is with an Employment Tribunal.

 

The employer is not under any statutory duty to make any adjustments if he has given an "Objective Justification" Cost as an example

[pioneer22]

Equality Human rights commission /British association of Dyslexia but I also have an assessment from a few years ago, the employer is a billion pound business so I dont think their adjustments would be unreasonable.

 

Going back to my original question though, would unlawful discrimination amount to gross misconduct? And how is an employer likely to take that?

[obiter dictum]

Not Royal Mail is it??

 

Discrimination if proven to be vexatious by the manager will be a strict liability offence. So yes it will be Gross misconduct.

 

You will still need confirmation though you are covered under the Act. That will be through Occupational health before you do anything. Statutory duty then lies with the employer when identified under a risk assessment

 

And yes, reasonable adjustments will depend on the size of the employer as to employee head count

[pioneer22]

Thank you, in terms of starting a settlement agreement discussion with them are there any tips or pointers?

 

Can't say it could be Royal Mail though.

[obiter dictum]

Have you contacted the Area health and safety rep for the trade union??

 

Royal Mail have case law now against them on this as there default position is automatic ill health retirement rather than reasonable adjustments

[pioneer22]

No its not with Royal Mail, you never know who is watching.

[obiter dictum]

Off the record

 

For a start you will need to show a paper trail. That will be a grievance etc stating you consider yourself to be covered under the act and requesting reasonable adjustments. Without that you are stuffed. Also you can only bring a claim to the Tribunal Service within three months from when the discrimination occurred.

[pioneer22]

The 3 months could be an issue but solictor said its an ongoing case of failure to make adjustments as they havent done their part.

[Ganymede]

The 3 months could be an issue but solictor said its an ongoing case of failure to make adjustments as they havent done their part.

 

Why can't you ask the qualified legal professional whose advice you are paying for this?

[obiter dictum]

The three months qualifying period as to disability discrimination will start when you submit the grievance. The employer then has seven days to acknowledge and respond to that stage one grievance. If you do not agree you go to a stage two grievance, they then have 14 days to respond and give a decision. If not you then go to a stage three if you disagree. All this is done within 28 days.

 

If after a stage three you then can go to ACAS etc and a tribunal.

 

Are you in the Trade Union. They will normally handle this for you?

[pioneer22]

Why can't you ask the qualified legal professional whose advice you are paying for this?

 

Not paying for it yet.... so wanted another opinion of which of course I'm grateful

[pioneer22]

The three months qualifying period as to disability discrimination will start when you submit the grievance. The employer then has seven days to acknowledge and respond to that stage one grievance. If you do not agree you go to a stage two grievance, they then have 14 days to resond and give a decision. If not you then go to a stage three if you disagree. All this is done within 28 days.

 

If after a stage three you then can go to ACAS etc and a tribunal.

 

Are you in the Trade Union. They will normally handle this for you?

 

I didn't know this is that definatly correct in terms of the submitting grievance?

 

No not a member yet I have signed up with one though but not a member until 4 weeks has passed.

[obiter dictum]

How long have you been employed for. For less than a pint of beer a week you would have got representation from a trade union. Funny how Trade Unions are always the enemy until you need them.

 

And to answer your question it is correct as it is part of the ACAS code of practice employers have to abide by. It is also part of a companies normal Industrial relations/ Disciplinary and Grievance procedure

[Emmzzi]

wether the adjustment is resonable or not depends on what you need and what the job is.

 

For example, if you were a postman, it would not be reasonable to need hundreds of special labels printed every day so you could work out where the letters had to go

 

Have you contacted your employer's disability helpline, who may be more useful than your manager?

 

Are you interested in fixing the problem or is it straight to compo?

 

Your employer also employs mediators. Ask about one of them.

[steampowered]

Assuming that your objective is simply to resolve this, I would just keep your grievance factual - state what the problems are; and what you would like the employer to do to resolve it.

 

Making personal allegations about your line manager is probably not the best way to resolve it. That will simply encourage your line manager to be defensive. You will immediately be setting up an adversarial situation in which case your employer will contest your case in order to avoid litigation.

 

Whether or not something is gross misconduct is not your call to make. I do not think making this sort of allegation in a grievance is wise. I also do not think there is any reason why failing to make reasonable adjustments is automatically gross misconduct.

[pioneer22]

Assuming that your objective is simply to resolve this, I would just keep your grievance factual - state what the problems are; and what you would like the employer to do to resolve it.

 

Making personal allegations about your line manager is probably not the best way to resolve it. That will simply encourage your line manager to be defensive. You will immediately be setting up an adversarial situation in which case your employer will contest your case in order to avoid litigation.

 

Whether or not something is gross misconduct is not your call to make. I do not think making this sort of allegation in a grievance is wise. I also do not think there is any reason why failing to make reasonable adjustments is automatically gross misconduct.

 

Thank you for the advice, how can I approach a settlement agreement?

 

Thanks

[Emmzzi]

Thank you for the advice, how can I approach a settlement agreement?

 

Thanks

 

so you are just after compo?

[pioneer22]

so you are just after compo?

 

Not strictly but my grievance is against 2 people in HR who both happen to line manage me, so working relationships are going to be strained. In fact I will feel ridiculous going back and really uncomfortable.

[Emmzzi]

3 options

- ask yourself

- ask through a solicitor

- ask via the union

 

You've been given other advice; I'd follow that first.....