Rep not returning calls-pre-sacking meeting next week, HELP!

Fleago

urban_spirit wrote: »

No, no support mechanisms in place. They have a duty under the DDA to CONSIDER reasonable adjustments apparently but not a duty to put them in place (see previous post).
I've asked about disability groups but there are none.

Hi Urban Spirit,

But they do have a duty to put reasonable adjustments in place and, as per your previous post, if the adjustments they initially put in place, ie, changing duties etc, are not appropriate for your condition, then they are not reasonable adjustments. As you said, it should have been in consultation with you, and taking into account medical evidence, that reasonable adjustments should have been discussed and possibly decided.

Further, if things that you or anyone else might have suggested as reasonable were not in their eyes, then they have a further duty to justify why such adjustments are not reasonable for them. When considering justification, an employer can take into account many factors such as operational needs, the financial implications, the size of the organisation and staffing levels, the impact on the health and safety of other staff - this is not an exclusive list, but just indicative of the sort of things an employer can consider in deciding what is reasonable. This is where it gets a bit grey, but what an employer can't do is just rule possible adjustments out by saying vague things like "oh, we can't do that!".

If adjustments are identified and they cannot justify why they are unreasonable they are therefore reasonable adjustments and they must put them in place. If they do not, then it is very likely that you would have a case under the DDA.

One thing that springs to mind is, does your Union membership include a legal service? If so, it might just be worth getting in touch with its helpline in advance of your meeting.

This must be a very difficult time for you and I wish you all the best and hope things work out for you.

Fleago

Alex_of_Swansea

Hey Urban spirit. Where do you live? Wales have a Race, Disability and something else department in the Assembly that offer advice on all these things. I'm assuming the other countries do to (?). Your MP should be able to put you in contact. A good friend of mine used to work on the disabled side and as she's disabled herself, she was very well researched and knowledgeable on the subject.
Cardiff have an advice group. Cardiff Disability Access Group. They might have contact with another group in your area. It really might be worth trying to get hold of someone in your area. They've usually been through all this themselves and know what should happen.
All the best!
A x

urban_spirit

Fleago wrote: »

Hi Urban Spirit,

But they do have a duty to put reasonable adjustments in place and, as per your previous post, if the adjustments they initially put in place, ie, changing duties etc, are not appropriate for your condition, then they are not reasonable adjustments. As you said, it should have been in consultation with you, and taking into account medical evidence, that reasonable adjustments should have been discussed and possibly decided.

Further, if things that you or anyone else might have suggested as reasonable were not in their eyes, then they have a further duty to justify why such adjustments are not reasonable for them. When considering justification, an employer can take into account many factors such as operational needs, the financial implications, the size of the organisation and staffing levels, the impact on the health and safety of other staff - this is not an exclusive list, but just indicative of the sort of things an employer can consider in deciding what is reasonable. This is where it gets a bit grey, but what an employer can't do is just rule possible adjustments out by saying vague things like "oh, we can't do that!".

If adjustments are identified and they cannot justify why they are unreasonable they are therefore reasonable adjustments and they must put them in place. If they do not, then it is very likely that you would have a case under the DDA.

One thing that springs to mind is, does your Union membership include a legal service? If so, it might just be worth getting in touch with its helpline in advance of your meeting.

This must be a very difficult time for you and I wish you all the best and hope things work out for you.

Fleago

Hey fleago :wave:

I do know they have to consider the bigger picture when considering reasonable adjustments, and i'm sure they can justify why they have done what they have as eg an operational decision or staffing levels. I think the decision has been made to sack me, so the justifiable reasons can be fitted later. They've sacked people in similar situations to me so they're a bit of an old hand at it

Many thanks for your best wishes :T

urban_spirit

Alex_of_Swansea wrote: »

Hey Urban spirit. Where do you live? Wales have a Race, Disability and something else department in the Assembly that offer advice on all these things. I'm assuming the other countries do to (?). Your MP should be able to put you in contact. A good friend of mine used to work on the disabled side and as she's disabled herself, she was very well researched and knowledgeable on the subject.
Cardiff have an advice group. Cardiff Disability Access Group. They might have contact with another group in your area. It really might be worth trying to get hold of someone in your area. They've usually been through all this themselves and know what should happen.
All the best!
A x

I don't live in Wales, and thanks for the tip re cardiff disability access group :beer: Do they deal with access issues specifically, or can they give advice in situations like mine?? Any links or more info???

I have searched around for similar closer to home and haven't found any.
Your friend sounds very knowledgeable

Alex_of_Swansea

I think they deal with all sorts of issues, and I don't think your employer would necessarily refer you to them. They might not be able to help you instead of your union rep but they should be able to give you advice pertinent to your situation. If you email the Cardiff branch and ask for contacts in your area urgently, they should be able to help. All the best!
A x

hjb123

Which day is your meeting? Hope all goes well for you

urban_spirit

hjb123 wrote: »

Which day is your meeting? Hope all goes well for you

Its tomorrow, and many thanks for your kind wishes :T

hjb123

Good luck for today urbanspirit. Hope it goes ok or as good as it can. Thinking of you. let us know how you get on

ohreally

Is this a continuance of a year ago...http://forums.moneysavingexpert.com/showthread.html?t=221373

urban_spirit

ohreally wrote: »

Is this a continuance of a year ago...http://forums.moneysavingexpert.com/showthread.html?t=221373

Same employer, circs have moved on.