How to write a constructive dismissal letter

moremore · 12 February 2012 at 10:24PM

Emmzi wrote: »

so is this an adjustmemts claim or a bullying claim?

is the underlying condition actually a disability?

who made the A2w referal?

why do wages keep getting stopped/ docked?

etc etc

It is both adjsutments and bullying

That is what they are asking. GP says yes but that not enough for employer.

My friend made the A2W referral

She has written to them but they refuse to answer her.

ILW · 12 February 2012 at 10:30PM

You have failed to answer the question as to whether your friend is registered disabled. This could make a world of difference.

moremore · 12 February 2012 at 10:36PM

ILW wrote: »

You have failed to answer the question as to whether your friend is registered disabled. This could make a world of difference.

I am not sure but I thought that people do not have to registered as disabled anymore how to determine a disability is quite different under the Equality Act 2010.

Perahps you know something different, if you do then please let me know. Thanks

zzzLazyDaisy · 12 February 2012 at 10:38PM

If she leaves and claims constructive dismissal, she will need to show that she has exhausted the employer's grievance procedures first. If she does not do this she will have almost 0% of winning (I say almost, because there are never any total certainties with litigation, but her chances would be very slim indeed).

Even if she goes through all the procedures, only around 3% of CD cases are successful.

As others have asked - does she have an underlying health problem that amounts to a disability within the meaning of the Equality Act 2010? If the answer is no, then failing to act on the OHA's advice cannot amount to unlawful discrimination. If the answer is yes, and the employer has failed to comply, then they *may* have fallen foul of the EA, and that *may* also amount to CD... but the fact remains that unless she goes through the grievance procedure a CD claim is almost bound to fail.

zzzLazyDaisy · 12 February 2012 at 10:42PM

moremore wrote: »

I am not sure but I thought that people do not have to registered as disabled anymore how to determine a disability is quite different under the Equality Act 2010.

Yes that is right. Registration of disability disappeared with the Discrimination Act 1995 (now the Equality Act 2010). The criteria for disability is set out in the Act and is quite complicated. Just because the OHA is involved and has made recommendations, it does not necessarily follow that the employee is disabled within the meaning of the Act.

Sambucus_Nigra · 12 February 2012 at 10:47PM

a - I'm still wondering why this 'he' became a 'she' after the first post
b - is it worth him/her coming on here themselves so that they can answer directly?

moremore · 13 February 2012 at 8:30AM

zzzLazyDaisy wrote: »

If she leaves and claims constructive dismissal, she will need to show that she has exhausted the employer's grievance procedures first. If she does not do this she will have almost 0% of winning (I say almost, because there are never any total certainties with litigation, but her chances would be very slim indeed).

Even if she goes through all the procedures, only around 3% of CD cases are successful.

As others have asked - does she have an underlying health problem that amounts to a disability within the meaning of the Equality Act 2010? If the answer is no, then failing to act on the OHA's advice cannot amount to unlawful discrimination. If the answer is yes, and the employer has failed to comply, then they *may* have fallen foul of the EA, and that *may* also amount to CD... but the fact remains that unless she goes through the grievance procedure a CD claim is almost bound to fail.

Many thanks everyone for helpful reply, my friend/person has made internal grievance. Employer said they will make adjustments, they have change hours/times, but so far they keep putting off making the purchase of the desk. They keep saying they will purchasing desk and then manager changes it to say ‘the desk has not been agreed/approved' but they have a desk in the building that could use in the meantime, but surely that would not be suitable for my friendas the desk A2W recommended would be for specific for my friend taking into account size and disability and would make working conditions more difficult to carry out work in safety using a desk not recommended by A2W. My friend is holding out until they have actually purahsed the desk. She thinks the stoppages made by employer in her salary is more than enough to make the purchase.

I think I will have to check the Equality Act to see if it falls within the disability act. I think the disabiliy is long term and will not get better. It has been ongoing for more than 10 years but got progressively worse since that time.

Emmzi · 13 February 2012 at 9:24AM

I have an arthritic foot which grumbles every time the rain comes and it'll never get better but that doesn't make it a disability in legal terms.

You are giving half answers to everything. Get your friend on here so they can give us proper answers. I'm not wasting any more time.

we need to know
- what the condition is
- what the pay stoppages are for
- if there has been an occ health (not A2W, that's a red herring) report and if so what it said
- how many grievances in writing, about what, and what were the outcomes.

I suspect you have actually been winding your mate up with "make a claim make a claim!" and not a bloody clue what the law says.

May we now talk to the organ grinder please?

Emmzi · 13 February 2012 at 9:54AM

https://forms.direct.gov.uk/forms/form/275/en/access_to_work-check_your_eligibility

To be eligible for Access to Work you must be in paid employment or self-employment, or with a confirmed start date, and:

have a disability or health condition which affects your ability to work

(so not neccessarily a disability)

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

Access to Work might pay towards a support worker or the equipment you need at work. It can also pay towards the cost of getting to work if you cannot use public transport.

(so it might not be the boss who is stalling on paying)

Or is it not access to work at all but the Birmingham based Advance to Work?

Who knows? Certainly not me. So unable to advise.

moremore · 13 February 2012 at 10:02AM

Emmzi wrote: »

I have an arthritic foot which grumbles every time the rain comes and it'll never get better but that doesn't make it a disability in legal terms.

You are giving half answers to everything. Get your friend on here so they can give us proper answers. I'm not wasting any more time.

we need to know
- what the condition is
- what the pay stoppages are for
- if there has been an occ health (not A2W, that's a red herring) report and if so what it said
- how many grievances in writing, about what, and what were the outcomes.

I suspect you have actually been winding your mate up with "make a claim make a claim!" and not a bloody clue what the law says.

May we now talk to the organ grinder please?

At the last grievance the employer recommended getting in A2W which was done. After assessment the employer now does not want to comply with their recommendation. My friend has a disability and needs the desk to do her work, but employer will not comply, they obviously want more proof that there is a disability and that will be supplied and I do not have this information so I do not want to speculate.

I certainly have not been saying 'make a claim, make a claim' to my friend, it is a physically not a mental disability. I think I will give up now posting on this matter on here.....

Thanks for help[FONT=&quot].;)[/FONT]

How to write a constructive dismissal letter

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