Employment Law advice please

urban_spirit

Thanks chloejane

Ive worked with the same employer for 12 years, and any policies or procedures have been re-written many time sand are kept on the internal computer system. I've flagged this up several times when i've needed to look at them and had no access - replies to requests for hard copies from management have been met with anger, and from union they say I dont really need them as they have access. I have had maybe 2-3 times things half-printed out, and the dont print out guidance in embedded links so dont get the full picture.
Think my contract is a generic basic one.

Rep that told me about ET is a lay rep. Dont know how much experience he has. Dont think solicitors have been consulted. Union gave me number of legal line to phone and see if I could take a private case out against work - ???? Puzzled.

Did I answer everything?

urban_spirit

Ive got a feeling that union dont think ive got a 'proper' disability. Theyve never said that obviously.

All the medical evidence is there and available to them.

L_D_N

Hi Urbanspirit,

Just read through your threads as I encountered a problem with my workplace a few years ago. MNy advice is to get yourself to citizens advice asap, they can put you in touch with specialisied employment law solicitors who will give you an element of advice FOC and also come along to meetings with you.

Beware though - once you start going down this route you are probably looking at leaving, just with a good deal.

It looks like you have a good case for a grevience procedure against your management. You can bring this when you have stated your feelings and case but still feel you are being bullied or harrassed into a new job etc.

I did this and left the company (something which I was left with no alternative) but did get a good pay off. Most companies will pay rather than go to court though not sure if civil service would be the same.

Best of luck with this. Don't give in and don't be bullied. I had over a month of meetings (a nasty HR trick of arranging meetings and cancelling at last minute - stresses you out more and puts you on the backfoot), hurried phone calls and tears but worth it in the end.

You deserve to be treated with respect. If you can't get that, get whatever else you can from them before you go.

Take care,

Lorraine

urban_spirit

Thanks for that LDN

Did you have to pay for the legal advice and representation at all???
I just assumed that the union would use their legal resources.

It doesnt look like I have any alternative but to leave. I'm pleased you got a good result after a bad time - well done!!!

urban_spirit

Hi All

I'm writing a request for them to look again at my move on health grounds being overturned. I'm trying to write it up, and I know it has to be doen in a particular way so i'm a bit lost having not done this before.

Manager rang up very early this morning hassling me to go back to my workplace, then said theyd find it difficult giving me a job and making the necessary ajustments recommended!

Manager thinks i've been offered 4 posts - been offered 2, and the chair of the t/f comittee told t/f people that the 1st one wasnt suitable for me, so they have offered me 1 post (thats the one in the violent place).

Be happy when this is all over.

chloejane_2

hi sorry been busy so only just managed to get on here again, you have a legal right to the policies and procedures in your workplace, your union rep does not sound to helpfull at all really if hes backing management up with the policy issue, i do sympathise with you greatly, what do you actually want to get out of this situation as it is difficult to know what to say if you dont know what you want at the end of it. keep your chin up

hammy_the_hammer

i've read through but can't see what your disability is . ..it's hard to know and advise a clear path to take without some knowledge of your disability as your perception may be different to others about what you are able to do . the DDA is a bit 'wooly' in the way it's written and you have to be careful that your employer could be seen to have tried to make reasonable adjustments...you will normally have to go through the full grievance procedures before going to an ET.
at the grievance procedure meetings it is normal to only be allowed to be accompanied by a 'friend' or union rep..so the advice above about solicitors would only be relevant at the ET stage.

hammy_the_hammer

i've looked at some of your other posts and by the looks of it you have CFS.

urban_spirit

chloejane wrote:

hi sorry been busy so only just managed to get on here again, you have a legal right to the policies and procedures in your workplace, your union rep does not sound to helpfull at all really if hes backing management up with the policy issue, i do sympathise with you greatly, what do you actually want to get out of this situation as it is difficult to know what to say if you dont know what you want at the end of it. keep your chin up

(* Re above post, I dont have cfs)


HI chloejane, thanks for replying.

From this situation I would like a job I can sustain - one that doesnt impact on my health so I relapse again.
If that cant be found then i'm happy for them to let me go with some payment as they do other staff, so I can pay off arrears that have accrued each time i've been sick, and live off it for as long as I need 'til I find another job. My dept. will ceae to exist soon, but timescales for this keep slipping.

(Both my doctor and consultant have told me to move from their because of the impact on my health).



I got a letter today fron manager saying they expect me to attend office YESTERDAY for a meeting! They do this lots.

urban_spirit

hammy_the_hammer wrote:

i've read through but can't see what your disability is . ..it's hard to know and advise a clear path to take without some knowledge of your disability as your perception may be different to others about what you are able to do . the DDA is a bit 'wooly' in the way it's written and you have to be careful that your employer could be seen to have tried to make reasonable adjustments...you will normally have to go through the full grievance procedures before going to an ET.
at the grievance procedure meetings it is normal to only be allowed to be accompanied by a 'friend' or union rep..so the advice above about solicitors would only be relevant at the ET stage.

Hi hammy the hammer

I dont understand this post. What does 'my perception may be different from others about what you are able to do' mean??? I am aware of my limits and consequences (and medical reports back this) and, i'm afraid, I cant do much about peoples perceptions - as no one with a disability can - all we can do is answer their questions and provide medical evicence. Would this hinder a clear path of advice?

I realise that 'reasonable ajustments' is a wooly term that can be interpreted several ways.

Thanks for the grievance/ET info.