Constructive dismissal with disability discrimination

prishaan

Hi All, can anyone tell me if I put a constructive dismissal and disability discrimination claim do I have to resign from my job as well?

There is a situation that my employer repeatedly fails to recognise my disability and do the reasonable adjustments to let me return to work. Consequently, I am now on reduced sick pay. In these circumstances, I don't see any other alternative but to proceed with ET claim. I am contemplating to do so but not so clear if I have to resign to bring the claims as above.

Your advice will be greatly appreciated.

yvonne13_2

You can make a claim whilst still employed.

Emmzi

but not for dismissal if you are still employed. discrimination, yes. your odds depend on it the reasonable adjustments are actually reasonable of course...

Annisele

When you say your employer "fails to recognise your disability", do you mean that it doesn't believe that you're disabled? Or that the adjustments it has put in place aren't sufficient? Or that it won't make any adjustments at all?

I think constructive dismissal claims have something like a 4% success rate. That's probably skewed by employers making early settlement offers on the ones that have merit, but it's still a figure that should make you think twice before you resign.

Googlewhacker

How long have you worked there?

And more detail on the problems you feel you are having please

SarEl

It's actually less than 3% on constructive dismissal and not a lot higher on discrimination claims either.And if you haven't exhausted the entire employers intrenal procedure first closer to 0% on both.

And without any further information it is impossible to say more.