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Damson6 - Disability discrimination?

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  • Damson6 - Disability discrimination?

    Hi, I have worked in my job for 21years but became disabled due to an accident at work, about 5 years ago.I have now had a meeting I thought to support me but 3 days before it became a re-deployment meeting.I was given 3 months to find another job or I was out.I am 60 and if one job states I am being medically discharged no other job will take me.
    My union rep gave lots of support and advice on how without cost that I could continue my job,everyone was turned down but my union rep did insist on an Occ health assessment first.
    Is this discrimination and can you imagine what its like working in the team when they all know, I am being discharged.
    Tags: None

  • #2
    Re: Disability Discrimination

    [MENTION=49370]Kati[/MENTION] [MENTION=6]Amethyst[/MENTION] could you please create a new threat for Damson6's post? Thank you
    Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

    Comment


    • #3
      Re: Disability Discrimination

      Originally posted by matt3942 View Post
      @Kati @Amethyst could you please create a new threat for Damson6's post? Thank you
      done xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Damson6 - Disability discrimination?

        Has the employer carried out an assessment in regards to reasonable adjustments that they can make to enable you to carry on with your role?

        Failure to make reasonable adjustments amounts to unlawful discrimination, unless they have carried out an assessment and can proof the costs or the adjustments would be unreasonable. So if they have not carried out a assessment as to what adjustments need to be made, what the costs are and if said costs are reasonable or not. Then any dismissal would be automatically unfair and amount to disability discrimination!

        Also is the employer aware they can get funding for making reasonable adjustments under the governments access to work scheme? https://www.gov.uk/access-to-work/overview

        It may also be wise to speak to Access to Work directly as the claim has to be made by you, not the employer - But you can get funding up to £40,800 per year for adjustments costs, travel and support you may need in work. You can also explian the situation to them and they may be able to help with dealing with your employer.

        atwosu.london@dwp.gsi.gov.uk
        Telephone: 0345 268 8489
        Textphone: 0345 608 8753

        There is more details as the the help you can get via access to work here - http://www.disabilityrightsuk.org/access-work

        If you can get the access to work grant and the employer still dismisses you then that would be unreasonable and unfair dismissal too, as they wouldn't be able to argue the costs where unreasonable since they are not the ones paying for said costs! Unless the costs amounted to more than £40,800 and the additional cost was an unreasonable cost that the employer would have to pay for!
        Last edited by teaboy2; 21st July 2015, 18:01:PM.
        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.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment


        • #5
          Re: Damson6 - Disability discrimination?

          Hi Teaboy2

          I think my line manager was told after my meeting that she can't just dismiss me.Therefore the record of the minutes were changed to say they would support me.Apparantly the written word is the most powerful.
          I now have to work with my manager and she is not happy with me.

          Comment


          • #6
            Re: Damson6 - Disability discrimination?

            Originally posted by Damson6 View Post
            Hi Teaboy2

            I think my line manager was told after my meeting that she can't just dismiss me.Therefore the record of the minutes were changed to say they would support me.Apparantly the written word is the most powerful.
            I now have to work with my manager and she is not happy with me.
            I would tread very carefully then as its clear your manager wants rid of you. It may be wise having an informal chat with HR manager about this whole thing!

            Did you contact Access to Work as i had suggested?
            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.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #7
              Re: Damson6 - Disability discrimination?

              Hi,
              I have had access to work in and things put in place. This manager that I have now does not know about access to work as they came in before she joined our team.Access to work have agreed to give me more support. i.e come into work and talk to my manager.

              Comment


              • #8
                Re: Damson6 - Disability discrimination?

                Well that's good to hear, i wonder if they had contacted someone above your manager about the matter on your behalf?
                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.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR

                Comment

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