Goal posts changed in a disciplinary investigation

susec`

Undervalued wrote: »

Has it been established that you actually have a disability (for employment law purposes)? If so, has your employer been formally made aware of this?

If so then yes, they are required to make "reasonable adjustments". Ultimately only a tribunal can decide what is reasonable in any particular case but keep in mind that reasonable adjustments generally do not got as far as many employees would like to think. Occupational health can suggest adjustments to the employer but they cannot dictate what the employer must do.

If you do not have disability and are only ill (forgive the expression) then the employer doesn't have to make any adjustments at all. They can simply say "do you full job properly, go off sick or leave".

Mental health conditions can amount to a disability but generally they would need to be long lasting and well documented with specialist medical evidence.

Having a disability does not stop you from being disciplined. Again reasonable adjustments to the process may be appropriate. Yes, they would be well advised to follow the ACAS guidelines but an alternative process may still be legally fair.

Thanks, that's most helpful. I have a very robust diagnosis/classification of disability spanning many years, from psychiatrists. Occupational Health have been involved from the beginning and very supportive.


I am seeking to get support from a barrister pro bono? tomorrow. I have a lot of supporting information, and whilst my job is no longer tenable I need to do the best for me, whatever the result of the disciplinary.


If I told you the people I work for have a direct involvement in caring for people with mental health difficulties, are you surprised or disappointed?

Guest101

susec` wrote: »

Thanks, that's most helpful. I have a very robust diagnosis/classification of disability spanning many years, from psychiatrists. Occupational Health have been involved from the beginning and very supportive.


I am seeking to get support from a barrister pro bono? tomorrow. I have a lot of supporting information, and whilst my job is no longer tenable I need to do the best for me, whatever the result of the disciplinary.


If I told you the people I work for have a direct involvement in caring for people with mental health difficulties, are you surprised or disappointed?

to be honest, neither.


I know you feel you have a case, but I think it's best to get the legal advice from a solicitor specialising in employment law. 80% sure isn't good enough I'm afraid. - What I wouldn't want to see happen is you lumbered with thousands of pounds in costs.

mrsmsport

susec. Go on the ACAS site. Follow the advice and guidance there. Be honest and truthful.
You may have legal cover on your home insurance. Ring them and ask. They will be able to help.
Also visit your doctor. You will be under a lot of pressure at the moment. Tell the doctor everything. It could help.
Use friends you can trust, who aren't connected with the workplace. And above all, don't talk about anything to anyone about whats going on, even if you think it will advantage yourself, just don't.
Good luck