Constructive dismissal due to disability, where can I get some free advice?

OneYorkshireLass

I will take a look if you like. I've done one myself before.

BobQ

Lum wrote: »

The key points here being debilitating fatigue, joint stiffness and cognitive dysfunction. The change to the hours is making all of these significantly worse, in particular it is bringing the cognitive issues inside of working hours where previously these did not happen until the evening. They are now using those same cognitive issues as grounds for a disciplinary on capability grounds since she has actually managed to start complying with the new hours.

I can see it must be desperately difficult to deal with such a condition. She must try to do her best but I can see how migraine might make for a poor sick record. Frankly I do not feel qualified to judge how much an employer should be willing to tolerate.

Any hearing of this kind is best attended by a companion, if only to take notes or ensure that you do not forget to mention something important. There is of course no obligation on the employer to offer the employee the chance to be accompaied, but they cannot refuse a request if the employee asks for it.

p999j

Very difficult times.

Try to remember the basics first. Health. Food and water. In amongst the mental trauma, it is so easy to become ill through forgetting the basics of life.

Doubts expressed make everyone else doubt and the individual doubt. One way is to segregate capacity and capability. I have no doubt IQ (even when ill and incapacitated) is an inherent quality, best demonstrated in best health and ability.

The HUGE difference between health and disability needs to become apparent to all. http://en.wikipedia.org/wiki/Disability GET SOMEONE WHO UNDERSTANDS THIS TO HELP YOU


Theory
The International Classification of Functioning, Disability and Health (ICF), produced by the World Health Organization, distinguishes between body functions (physiological or psychological, e.g., vision) and body structures (anatomical parts, e.g., the eye and related structures). Impairment in bodily structure or function is defined as involving an anomaly, defect, loss or other significant deviation from certain generally accepted population standards, which may fluctuate over time. Activity is defined as the execution of a task or action. The ICF lists 9 broad domains of functioning which can be affected:

• Learning and applying knowledge
• General tasks and demands
• Communication
• Basic physical mobility, Domestic life, and Self-care (i.e., activities of daily living)
• Interpersonal interactions and relationships
• Community, social and civic life, including employment
• Other major life areas

If the people who are supposed to be 'reasonable' do not know the basics of the Equality Acts, that's got to be questionable. Yet again RFTB states aspects which upset but as so realistic as to where we are in the current political climate. Jobs are few and far between.

Think about all the new fresh and motivated individuals leaving universities. That's the competition. With the weariness of a disability, along with the related health issues, it wears any human out. I know.

Get a third party, or more third parties to verify professionalism. Through whatever means exist. Accreditation, association, previous annual performance reports, anything you can think of. Prepare your case.

The choice is alternatively to stop fighting for justice, morals, ethics, peace. What would that do? It would give tremendous immediate mental relief. It would give tremendus immediate financial burden. Huge implications much wider but you need to think of the longer term as being the ultimate goal and the short term being a stonebuilt barrier, which there needs to be strength for. As all of us who are disabled know, we may have a different strength, in breaking down those walls, but whether it is mental, physcial or asking for help....whatever it is.... even if our body takes away the choices every one has to take (and I can tell how frustrated you are with the questions, 'but why can't....' or 'couldn't you...' Been there, done that. Aint that simple. Not because of difficulties decided upon, but difficulties come to terms with becuase often those are the 'disabilities' or even 'bodily functions' that get in the way of 'normality'.

Dontcha get so tired of not just having to deal with it but having to explain it? I wish the opinions from people of different abilities didn't come across as there being two types of disabilities: Either the ones you have full health with, even if you are missing something physically or mentally, and you can run up hills or swim, etc. Then there's the other type of disabilities- that's the lazy, idle ones that like watching daytime TV, sponge off others, lounge in the bath-what a great life? Wouldn't everyone do that- And get your meals made, or your bed made. What a dream. Next time you judge someone in that latter category, imagine having gastroenteritis, with its lovely association input and then output from either direction....often projectile or unexpected. Or MS with it looking like alcoholic stupor. Or CFS with it looking lazy. Or the million other less easily categorisable and less visible challenges that face others lives.

It tires me to just think why we think these are 'other' lives and 'other' problems. We own the capacity or capability to be or not be part of the problem or part of the solution.

needing-help

I'm sorry if this has been said but a lot of solicitors give half an hour free to see if you have a case.
Also check your house insurance, if you have legal protection on it, as long as the solicitor says you have a 51% chance of winning they will pay.

We did that for my employment tribunal and it was a huge relief as we could never have afforded it.

Spamfree_2

The employer had made adaptions for her in saying she can start at a different time. Then she turns up late. They don't care if she's got a 6 hour commute, they want her there on time, doing the job they are paying her for, that is the bottom line.

OneYorkshireLass

needing-help wrote: »

I'm sorry if this has been said but a lot of solicitors give half an hour free to see if you have a case.
Also check your house insurance, if you have legal protection on it, as long as the solicitor says you have a 51% chance of winning they will pay.

We did that for my employment tribunal and it was a huge relief as we could never have afforded it.

I did this too and it was a help. My house insurer wouldn't start proceedings until I'd reached the end of the line i.e I was either to resign or be dismissed and then they found me a solicitor.

I had a 54% chance initially, but this dropped when they had read everything and when my employer blatently lied their way out of any wrongdoing.