Legal help for employment tribunal?

GlasweJen

I'm in a bad situation at work just now. There's been a few things go down and HR are involved but taking far too long to deal with things which is allowing small problems to escalate.

I've had 2 "fit to work" lines, the last one was for 4 weeks and it took 5 weeks for HR to meet with me. During the last 3 weeks I've not been able to see my doctor because the boss won't give me my rota until the Saturday before the next working week. Today I will get my rota for tomorrow onwards. I have now booked a drs appointment and told my boss that I will not be in that day so don't bother scheduling me for it. This leaves a 2 week gap between my fit notes.

My fit note states a change of hours is required, work have done everything they can to pressure me into working my original hours, even before the fit note expired.

Yesterday a new start who lives 4 bus stops along from me got the adjustment I need because she has been banned from driving for speeding (120mph in a 50mph zone) and then caught driving while suspended. The village we live is blessed with great transport links and the area we work also has great links, it would take 2 buses to get home, a journey of 45 minutes. After colleague announced she was getting this adjustment to everyone my manager told me I might lose my job because I can't be adjusted for!

HR are investigating how my adjustment has been handled but only just interviewed a colleague yesterday regarding me (boss took him into a room 6 weeks ago and told him everything about my fit note, ongoing treatment etc, the colleague is junior to me and approached me as he didn't think the meeting should have happened).

There's been a load of other issues, boss moving a desk which makes it harder for me to get about, placing the t system out of my reach then getting annoyed when I can't hear, tutting and sighing when people ask how I am etc.

I am at the stage where I feel like I need to leave. There has been an ongoing grievance for 6 weeks now, I feel like its being drawn out because HR don't want to confront my boss (his wife is a lawyer).

Does anyone know where I could get legal help for this sort of thing? I'm in Glasgow, my employer is a medium sized company, the medical condition causing the problems is Occular myasthenia.

OneYorkshireLass

Best legal advice I ever got was from Irwin Mitchell. They have a Glasgow office and might do a free 0.5-1 hr session. Call them and ask (or use the contact form in the link below):

Stewart House
123 Elderslie Street
Glasgow
G3 7AR
Tel: 0141 300 4300
http://www.irwinmitchell.com/contactus/Pages/default.aspx

bitsandpieces

If you're in a union, they would be a first place to speak to.

If you're not in a union, if you try your local CAB or law centre they should be able to either advise or point you in the right direction. Even if you can't make it in during their opening hours, if may be worth asking them if they can point you towards a good local employment/disability solicitor.

I'd be very cautious about resigning - constructive dismissal cases are hard to win, and tribunal payouts (even if you win) don't tend to be lavish Can you put up with things for a bit longer, and see if anything useful will come from the grievance? If you're not well enough to work the hours they're asking for, it may be worth considering taking sick leave (either whole days, or leaving before the end of the day for health reasons) as opposed to resigning.

A final thought is whether occupation health could be any help here?

bufforpington

GlasweJen,

Sorry to hear about the difficulties you are experiencing in relation to your employment. I would recommend contacting the Disability Law Service. They offer a free service and DLS runs a national Adviceline which is available from:

Monday to Friday 10.00am - 5pm

Telephone: 020 7791 9800

I recently spoke to them and received some excellent and informed legal advice regarding employment.

If you do decide to contact them, I would recommend doing so as soon as possible as you have to book a time slot for someone to call you back.

I hope this is helpful and wish you the best of luck trying to resolve you situation, as it sounds really tough for you.

Best wishes
Buff

Chorlie

When I was having a few issues at work (I'm now retire on ill health grounds), I tried to read as much first, to try to see not only where I stand, but my employer and also some general pointers which may help to make it better for both sides.

I read different bit for different sites, but some were:-

http://www.acas.org.uk/index.aspx?articleid=2179

http://www.adviceguide.org.uk/england/work_e.htm

https://www.gov.uk/browse/working/redundancies-dismissals

http://www.dls.org.uk/

http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/disability-in-employment/


Like you've done, your Manager should be the person you speak to first to try to resolve it (but like me, it sounds like he is your problem), then it should be HR, then your Union Rep. or CAB (then the other, whichever way around you feel is better for you), then its the likes of DLS etc. whether is worth speaking to them sooner to get some general advise, that depends how far you feel you've already taken it, how long its taking etc.

For me I went me doctors who signed me off for a few months, this got the ball rolling for Ill Health Retirement, which suited me, but this isn't right for everyone; but don't just resign, you don't know how long it will take to find another job and it makes it harder / longer before you can claim benefits.

GlasweJen

The manager is certainly a big part of the problem!

I'm not leaving, that would make life far too easy for them, I'm looking for a lawyer or other legal person who can speed uptake grievance process and possibly convince them to have me assessed by occupational health so we can put adjustments in place.

GlasweJen

So yesterday I confronted boss about new starts working hours as I've been shafted on the Christmas/New Year rota. He said new start has been recruited for a different role which justifies her hours and holidays.

Thing is we haven't advertised for this role, had I known that changing role would make accommodating me easier then I would have applied for the new role. To do the role you need to train 3 days and then shadow someone for a week. It's a job that is well within my capabilities.

I want to find out why this job wasn't advertised (there's an internal news letter with adverts on it) and why I wasn't given the opportunity to be interviewed for the role. Would I be out of line to call HR and ask them this?

PlasticMoose

I'm sorry you're having such a rough time with work atm.
I'm not 100% sure about all work places, but I work in education and all posts (including internal) have to be advertised (even if it is just in an internal newsletter) so if this wasn't done then you certainly have a case to raise there regardless of the other issues.

In regards to the other issues I'd be placing a copy of the Equalities Act on the desk of the most senior person there and reminding them of their obligations to make reasonable adjustments.

Have you tried speaking to Accas? They may be able to offer support or point you in the right direction.