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Disability discrimination - Tribunal - Employer denies but has asked me to make offer

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  • Disability discrimination - Tribunal - Employer denies but has asked me to make offer

    Hi everyone,

    I'll try keep things brief and to the point. I worked for a company for just over one year, caring for vulnerable adults. I have been off sick, which started with anxiety/stress but has progressed to depression, which i am on medication for. (Suffered depression on and off throughout the years, made employer aware). After informing employer of stress/anxiety and medication, i was mocked, my condition and medication was discussed openly in front of others, i was ignored, my hours cut and i was spoken to in a child-like voice by an individual. More happened but i think that gives you an idea. I tried to resolve this informally, with no luck, so i took the formal grievance route. In the outcome letter, the employer denied everything (as expected) but also made accusations that i was aggressive, threatening and made employees scared. I expected them to deny things but i did not expect them to accuse me of such vile behaviour. I have asked myself questions such as. "If they thought i was that sort of person, why would they allow me to work for them, caring for vulnerable people?" and "If i was so aggressive, why would a senior member of staff offer to come to my home themselves to discuss my absence?", surely they would be putting themselves in a dangerous position? As i obviously disagreed with the outcome, the ACAS conciliator contacted the employer with regards to a settlement. The employer said that they would not be willing to make me an offer of compensation, as they believe i do not have a case, however, as a goodwill gesture they are willing to listen to my offer of a compensation amount. I do not know what to ask for as i cannot just pull a figure from the top of my head. I would like to be compensated for loss of earnings for the months i have been absent. I was too humiliated to go back to after the incidents. What would be a reasonable figure to put forward? Also, if they believe i do not have a case, why would they listen to an offer from me as a goodwill gesture? Should i go ahead with the ET or put it to bed by settling it earlier with their 'goodwill gesture'? Any advice is appreciated, thank you.
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  • #2
    Re: Disability discrimination - Tribunal - Employer denies but has asked me to make o

    They listening to offers because they know you do have a case. No employer is going to admit that an employee has a case and would likely win at tribunal. In fact 99% of them deny employees have a case right up until a few days before tribunal hearing. My advise is go to tribunal as you will probably get a lot more, they are basically now wanting to listen to your offer just to buy your silence where you will then be forced to sign a what used to be known as a compromise agreement, where you will be required to not speak about this to anyone.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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