Discrimination ?

bugslet

Let us know how you get on.....

polgara

I think I now have an inkling of the concerns that were raised after your discussion with them - any chance you spoke over them when they raised concerns about the environment, not listened to them etc? I can imagine they could foresee you being a difficult employee and decided to cut their losses early.

Enjoy building your case - don't know what you want to achieve but know it won't help you in getting a new job if you're focusing on an organisation that doesn't want you as opposed to finding one that does.

FBaby

Actually you -or your solicitor- are absolutely right, there are chocking precedence of at least one similar case that was won on appeal so I'll take back what I said and agree that you MIGHT have a case. However what this particular case shows is that it all comes down to very specific details in terms of what was said and done and in the end it came down to little as to why the case was overturn on appeal.

As it is you must have provided a lot more detailed information and evidence to your solicitor for them to be so confident of your success because there would be no way to be so with what you've only written here.

sangie595

The solicitor mustn't have much to do. They interviewed the OP, read all the evidence, and got the employers side of the story, and all within 24 hours. Less in fact. Because it takes all that to be fairly certain there is a case to be made, and only an idiot says that a case is 100% even with all that! There is not such thing as a slam dunk case in employment law, and anyone who says there is has never been within ten miles of an employment tribunal.

nathanjpj

Undervalued wrote: »

So, anybody who doesn't agree with you is wrong?

Why waste our time asking for advice?

I'm out!

nope. everyone can have an opinion - but its not worth much when the law is against you. laws normally decide who is right and who is wrong.

farewell.

...and thanks for all the fish

nathanjpj

FBaby wrote: »

As it is you must have provided a lot more detailed information and evidence to your solicitor for them to be so confident of your success because there would be no way to be so with what you've only written here.

I was in regular contact with the employer, and divulged all the information I had. Every detail, and every word true. I have done my best to battle Bipolar and I'm winning.

And they were clear and explicit with their reasons. Their ill-thought-through rejection email, well, really, honestly, someone very naive made that decision and explained, in detail, that despite my leave being due to disability, and despite problems caused by my employer, and despite my treatment and recovery, they were still rejecting me.

Poor HR. Outsourced.

nathanjpj

sangie595 wrote: »

The solicitor mustn't have much to do. They interviewed the OP, read all the evidence, and got the employers side of the story, and all within 24 hours. Less in fact. Because it takes all that to be fairly certain there is a case to be made, and only an idiot says that a case is 100% even with all that! There is not such thing as a slam dunk case in employment law, and anyone who says there is has never been within ten miles of an employment tribunal.

keep on convincing yourself you're right, sangie. idc.

ACAS, the EASS, Bipolar UK, MIND - ive contacted them all for advice. they're all supporting discrimination.

ive appreciated your input and your challenges to my thinking.

nathanjpj

polgara wrote: »

Any chance you spoke over them when they raised concerns about the environment, not listened to them etc? I can imagine they could foresee you being a difficult employee and decided to cut their losses early.

I suffered from terrible anxiety before treatment, and this interview was revolutionary. I was relaxed, attentive, chatty, impressed all three of them. In the return interview I got on very well with the recruitment officer very well again. I stayed after it had finished and we chatted for 5-10 mins.

I am not in the habit of talking over people. In the past I would have been shy, quiet and nervous. Since my treatment I've really improved. I'm less "Moss".

nathanjpj

bugslet wrote: »

Let us know how you get on.....

Will do. Thanks.

The rejection hit me hard, I honestly didn't think I'd have the energy to complain, but I've bounced back. Really helped being back in the office today.

FBaby

And they were clear and explicit with their reasons. Their ill-thought-through rejection email, well, really, honestly, someone very naive made that decision and explained, in detail, that despite my leave being due to disability, and despite problems caused by my employer, and despite my treatment and recovery, they were still rejecting me.

The above aren't reasons. You say they were explicit with their reasons, what were they?

You said earlier in the thread that you were in the process of asking your current employer to separate your sickness record between the time you took off as a result of your bipolar and the other reasons, is it because they asked for this information? Could it be that they rejected you on the basis of your non-disability related absences?

What does the email say exactly?