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  • Bryando
    Bryando Posts: 1,464 Forumite
    edited 20 May 2017 at 8:31PM
    I think with the right support I will be fine. Parliament made The Equality Act etc for a reason. I am looking at having to use it formally. I don't want to end up in a tribunal situation but at the same time, I enjoy getting a pay slip. The money I have earned even though it's a struggle. Being pretty robust in saying if I get some help then I can be another person with mental illness in employment.

    I have made a request numerous times and nothing comes back from it.
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    Bryando wrote: »
    Who says I am still on DLA as I type? Plus evn on DLA that support does not need to be in place.

    So you do need constant supervision, but you're not going to tell your employer that? If so, you are in breach of health and safety regulations.

    Or you don't need it, but you're not going to tell the DWP?

    This isn't about discrimination or reasonable adjustments, it's you not being straight with your employer. There's no good going to come from this situation.
  • Bryando
    Bryando Posts: 1,464 Forumite
    The DWP are aware and have been arranging support via the Access to Work with GP/Psychiatry input. Metal health mentor being one.

    Stop being so negative
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    I'm going to give your a bit of advice, against better judgement.

    If your going to take an employer on, you do so from a position of strength. Additionally, you need to be cute enough to box clever and resilient enough to survive what may be significant setbacks, I suspect your not in this place.

    Consider all options before engaging a solicitor.
    Don’t be a can’t, be a can.
  • Bryando
    Bryando Posts: 1,464 Forumite
    edited 20 May 2017 at 9:09PM
    ohreally wrote: »
    I'm going to give your a bit of advice, against better judgement.

    If your going to take an employer on, you do so from a position of strength. Additionally, you need to be cute enough to box clever and resilient enough to survive what may be significant setbacks, I suspect your not in this place.

    Consider all options before engaging a solicitor.

    This is why I instruct a Solicitor to box clever and then claw back his fees from the employer!
    If I get told I have a good case to go into tribunal then I will take it. The stress etc of my employer not helping me will be made aware to the tribunal by psychiatric reports etc. Think evidence is given under oath at the tribunal. Even better if so!

    Rather not but at the same time if the law offers me protection then I will use it. They have no t even bothered to get back to me!
  • sangie595
    sangie595 Posts: 6,092 Forumite
    If your solicitor said that an employer is responsible for your commute, get a better solicitor. Because that is b****cks. As is most of the rest they told you. The Equality Act says nothing like what got are thinking it does. You deliberately withheld your medical condition and then told the employer that they needed to give you the shifts that you wanted to work, not the ones they employed you to do. But no matter. You won't be in this job for much longer. And you won't be walking away with a cash cow either. This is not being negative. It's realism. After a couple of months employment toy are set to cause more trouble than the entire workforce. They'll come after you. And they'll get you. But the way - how many solicitors work on Saturday and have immediate sessions available? I can't think of a decent solicitor who even opens on a Saturday, never mind can see someone immediately.
  • Bryando
    Bryando Posts: 1,464 Forumite
    edited 20 May 2017 at 11:06PM
    lol. Calm down!

    I have not once said they are responsible for the commute. But they ought to be looking at it as a duty of care in the bigger picture.

    Who said I seen him? I spoke to him via telephone.

    Yet another on here that thinks they know it and assume. End of the day an employer has a duty to make reasonable adjustments. Failing is in breach of the equality act and I will pursue it with a view to compensation. I enjoy the protection of the law as a disabled person in employment.

    Not my fault the employer appears not to have a clue. l if somebody employs a person they ought to know the law- ignorance is not an excuse. Of course any compensation for this stress I will take. Understand discrimination there is no maximum to it.

    As I said I have asked for adjustments and even asked what they think might help both of us and I am open to suggestion. So the tribunal will see I have been open to anything. I will lose money from wages which is something I accept. So the employer is looking in the bad here not me. The law is the law.
  • stuart30
    stuart30 Posts: 499 Forumite
    edited 20 May 2017 at 11:21PM
    Bryando...if i read your original post correctly your only working upto a max of 48 hours..?

    Then you will have 3 days off each week assuming your working a standard 12 hour shift.

    Ive got to say im surprised your employer hasn't simply said that you haven't met the required standard and waved good bye,from reading posts about what you expect of the job and the employer.

    You mention lack of sleep...hmm 12 hours is standard shift..then you get the travel time and add on someone being late or issues on shift meaning you need to be on site for old bill or manager coming in to sort XYZ and your 12 hours can become 14/15/16 and so on.

    Im sorry to say you really do not sound suited for security work..and no offence the industry is flooded with newly qualified guards (jacket fillers or Seat warmers) who dont have a clue how it works and whats expected.

    Id strongly suggest finding something else to try.

    If you did your DS badge (they all do now days bless them) then maybe try the Doors..you meet some lovely types and hours are very short.
  • Bryando
    Bryando Posts: 1,464 Forumite
    edited 20 May 2017 at 11:38PM
    Hi, 14 hours is the vast majority. 52 hours one week/66 the other. Two 12 hours

    The client has raised concerns re the hours which is good a client is looking out for us. Their HR folk took it up after the manager spoke to them. They have sent good reports re myself my company says.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Bryando wrote: »
    lol. Calm down! Not needing to clam down. It's no skin off my nose if you wish to go back to the dole, penniless again. After all, you're the big employment expert here, with your extensive experience in employment situations. But I would consider it irresponsible not to point out your mistakes, and if you then want to throw yourself off a cliff, be my guest.

    I have not once said they are responsible for the commute. But they ought to be looking at it as a duty of care in the bigger picture. No, they ought not. What happens in your private life is your business. You took the job, you knew the commute. It's no different than if you choose to party all night and be tired due to that. The employers only duty of care is to working hours.

    Who said I seen him? I spoke to him via telephone. Ah. So you mean that you called a call centre, with a bunch of salesmen and women whose job is to get you to sign up. There is absolutely no way that any responsible solicitor would give you legal opinion over the phone without having seen any evidence or documentation. You are a fish. They reel you in, because it doesn't matter to them that you are risking your employment. All that matters is their targets for introductions. Less than 10% of such introductions ever lead to a positive outcome for the caller. And even when it does, it is not uncommon for claimants to discover that they owe the lawyers more than they got!

    Yet another on here that thinks they know it and assume. Let me sure you, there are no assumptions. But it does strike me that you are yet another who posts having no clue what they are doing, but insists they are correct when told they don't. End of the day an employer has a duty to make reasonable adjustments. No they don't! The employer has a duty to CONSIDER reasonable adjustments. And they define what is reasonable, not you. It is ever so simple to find reasons for things being unreasonable. As I have already explained to you. Failing is in breach of the equality act and I will pursue it with a view to compensation. And there we have it. I knew that was coming. That's why you hid your disability in the first place. So that you could chance your arm at a disability discrimination claim within weeks of starting employment. Lured on by big headlines. Bad news - most claims fail. And successful ones get nothing like what you think they do.I enjoy the protection of the law as a disabled person in employment. Oh goodness, get over yourself. You have next to no protection emanating from the law! Disabled or not. Less than two years and you can be dismissed for almost anything. And the Equality Act is a paper tiger - all teeth and no bite. If toy think the law protects you, you are being delusional.

    Not my fault the employer appears not to have a clue. l if somebody employs a person they ought to know the law- ignorance is not an excuse. Of course any compensation for this stress I will take. Understand discrimination there is no maximum to it. I will lay bets they know it better than you. And better than your "solicitor". You think this is their first time out? Is this another one of your hair brained money making schemes? I can't work a second job so I'll go to an employment tribunal? [/B]

    As I said I have asked for adjustments and even asked what they think might help both of us and I am open to suggestion. So the tribunal will see I have been open to anything. You really don't have a clue, do you? You cannot just go to a tribunal because they failed to answer a couple of emails! You must go through the entire of the grievance procedure first, before you can make any tribunal claim. Meanwhile, whilst they drag that out, they will be looking for any lapse in conduct on your part that they can verify. And don't even think that they won't find one. Nobody is that squeaky clean. Two minutes late - formal warning. Break too long - second warning. Forgot to sign off on a duty sheet - final warning.... You will be fairly dismissed without a hint of discrimination before you get to the end of the grievance. I will lose money from wages which is something I accept. So the employer is looking in the bad here not me. The law is the law.

    I appreciate that you won't be listening to anyone who doesn't tell you what you want to hear. So I have just wasted a lot of my time. And to be honest, at this stage, I'm not sure who I feel sorriest for - you or the employer. But the employer will be ok. They'll have been around this merry go round before, and they'll wipe the floor with you and your "solicitor". But you have been warned. Now the consequences are your choice. I've no more time to waste. I'm out.
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