Is this Discrimination?

Uncertain

zzzLazyDaisy wrote: »

The cynic in me thinks that they are probably hoping that you will just go away...... :cool:

I would go further.....

I think they decided quite deliberately to string this out with vague half possibilities that the job is still open until three months are up.

It is time for action.....

Takeaway_Addict

Uncertain wrote: »

I would go further.....

I think they decided quite deliberately to string this out with vague half possibilities that the job is still open until three months are up.

It is time for action.....

Agree, OP, stop faffing around and make the claim, you can always withdraw it later.

SarEl

I haven't joined this thread earlier because zzzLazyDaisy was doing great on her own.

It would be my view that the employer has now made this offer to mitigate the discrimination, and because I am even more cynical that zzz (hope she doesn't mind the familiarity but it's an awful long name to keep typing:)), knows that they can dismiss for other grounds any time in the next two years.

I would also agree that you get the claim in - I also feel this is one continuous act, but why take the risk? I would reject the offer on the basis of complete loss of trust and confidence (citing each and every instance of their actions), and disability discrimination.

Ball back in their court and you relax for Christmas with the exception of drafting that claim if you haven't already.

zzzLazyDaisy

I agree, but in any case, they haven't actually made an offer - or rather, they haven't made any concrete offer of a start date.

My concern is that the Ops manager has had his finger in this pie from the beginning, and has done nothing to sort things out, and everything, it seems, to continue the prevarication.

I agree with SarEl, it is probably one continuous act, but as I said before, I wouldn't want to bet my house on it. Far safer to run from the first and most blatant act of discrimination, which is when you were notified that the job offer had been withdrawn owing to your medical history.

Has your insurer referred you to a lawyer yet? I'd prefer to see this claim lodged before christmas, to be on the safe side, given the number of non-working days between christmas and the cut-off date.

skibadee

It just got better had a letter today stating a start date of 14th Jan., ( they were aware I have to give 4wks notice!!) the first 2wks to be induction.

It also stated that I had now been cleared by OHU....I knew that as OHU rang me twice on Tuesday.....and that the recommendation by Dctor was for Manual Handling Training....no mention of his/her other recommendation that I was to be allowed above average time off for medical appointments!!

My husband is contacting the legal team that his company have cover with.

No I will not be taking the job.....I am not looking for financial compensation just for asurance that this Company realises what they have done!!

skibadee

OK there seems to be some uncertainty re legal team, appears could of been just one persons mistake ( the then manager ) in not following company procedure.......but this has/was rectified once the appropriate people were notifed???

zzzLazyDaisy

I typed a comprehensive reply, and lost it, and I don't have time to redo it.

Basically I do not believe that the insurer has had time to instruct a solicitor to consider this case, or that the solicitor has had time to examine the documents and chronology. The comment that the manager made a mistake and was not following company procedure and then once the company was informed the mistake was rectified, is not one that a solicitor would make (since the employer is liable for its employee's discriminatory actions, and in any event once HR and the Op's director were involved - which was immediately, according to the second e-mail - there followed almost three months of prevarication and failure to appoint).

In any event, any solicitor who knows anything about discrimination law would have advised you to serve a questionnaire on the employer, before telling you that you have no case!

Whatever, your time is almost up.

If I am remembering correctly, the job offer was withdrawn on 3rd Oct?

That means your deadline is 2nd Jan. You get no extensions for the fact that virtually everywhere is closed between now and then, and there is pretty much zero chance of getting a solicitor to look at the papers and give you a considered opinion.

(There is an argument that this is one continuous act, but arguments can be lost, and you are far better to keep it simple and clear cut).

So if you wish to make a complaint to a tribunal (or even if you think you may wish to) you need to get your claim in now. You can do it on-line, there is no cost, and if after obtaining proper legal advice, you do not wish to proceed, you can withdraw without cost.

We can help you put in a claim which will hold the situation until you can get advice. You then have 28 days to serve the questionnaire (note, I understand the questionnaire procedure is about to become another casualty of this government's 'reforms' but as far as I know it is still currently part of the procedure).

The ball is in your court Skibadee, you have to make a decision.

Dx

skibadee

TO be honest I do not have much faith in the legal team, they told us once before we didn't have a case ( a different matter ) for certain reasons, we went independently in the end and won!!

Where do I go to find the relevent quetionnaire?

Uncertain

I'm sure Daisy will reply but you don't have time for the questionnaire now.

What you need to do is file an ET claim online so that it is in time for the Jan 2 deadline.

You can then take face to face advice in the new year and go from there (or not) as you choose.

zzzLazyDaisy

Uncertain is absolutely spot on.


Skib, Take a look at this website

https://www.gov.uk/employment-tribunals/taking-a-case-to-an-employment-tribunal

It explains how to lodge a claim. You can download an advice booklet and a copy of the tribunal application form. You can also lodge the claim on-line.

Read it, make sure you understand what you need to do.

Assuming you wish to proceed, come back and let us know, and between us we will help you to produce a simple 'particulars of claim' to start the ball rolling.

You can then get face-to-face legal advice and assistance in the new year.

I won't be around much now until 26th December, but I will look in then and see where you are up to.

Dx