Employment Tribunal

steampowered

Before diving into the detail, I think we need to take stock and think about what your claims actually are.

You said you cited disability and whistleblowing on your claim form. So let's take those in turn.

It sounds like the big roadblock to your disability discrimination claim will be proving that you are disabled within the legal meaning of the word.

The legal definition of disability in this context is 'a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities'. This generally means something which pretty seriously affects your ability to do day-to-day things and it has to be a condition which is likely to persist for at least 12 months. I'm sceptical that back pain qualifies unless the pain stops you doing normal activities.

Furthermore, I am not clear from your posts exactly how you say the employer discriminated against you due to your bad back?

So I think your disability claim is not sounding particularly strong.

Your whistleblowing claim sounds potentially much stronger. This would require you to prove that you made a 'protected disclosure' and that you were subjected to a detriment as a result in breach of the Public Interest Disclosure Act 1998 (also incorporated in s43of the Employment Rights Act 1996).

Expressing concern about the health and safety of a child would certainly be a subjected disclosure.

And it seems from your post that you have good reason to say that you were subject to a detriment as a result of making that disclosure.

The key of all of this is to focus on the legal claim you are actually making, rather than getting too lost in the 'he said she said' stuff. At the end of the day the Tribunal is being asked to make a specific decision on whether the employer is liable for disability discrimination and/or under whistleblowing legislation or not.

It may be worth seeing if you can visit a law centre or law clinic to give free advice. If the hearing is in London or the South East this sounds like a case that could possibly be referred to the Free Representation Unit for representation at the hearing.

ScaredButHopeful

Thank you so much, you have given me hope.

My back is degenerative so I will always have it. I have periods of severe pain and periods of manageable pain. I take anything from morphine to paracetamol.
I avoid certain daily tasks like shopping, hoovering etc as my back is weak.
This sounds silly but I even wash and wipe up but to avoid the bending, I leave them out and hubby puts them away.
From hospital letters over the years I have done physio, swim, yoga etc. Ive had to learn what triggers the pain and avoid rather than risk.
This was my first job after years of steroids, epidurals etc. Its not operable due to the risk of paralysis but my discs are crumbling.
My doc letter confirms that it is an ongoing case of many years and I need pain relief.
I cant always drive due to sciatica that comes with the back and the job involves a fair amount of driving.
Stairs arent an issue as I live in a house, however I take several 5 min breaks to keep moving and being stuck upstairs when everything is downstairs, I am worried would become an issue.
The tablets give me dry mouth and yes I can take bottles of water but that added on to the driving, I believe they put me upstairs to make the role harder as they knew id fail probation.
The person doing the role prior, always sat in my office.
Its only alot later down the line, after several letters talking about this that they say it was a temp move.
I was told this was always the plan for the New role to go upstairs in the meeting.
Its also claimed I went upstairs to print my work when the printer was downstairs!
Thank you again

ScaredButHopeful

I declined the house insurance solicitor as they were awful! They were trying to get me to lie and I am the worst liar ever!
I blush and I stutter, I refuse to do it.
I would rather lose by being honest and not having enough evidence than speak out of my butt.
Local csa helped me with my grievances etc but cant come to court.
I cant afford solicitor due to not working and paying for dads funeral.
Not that I regret one penny of every pound I paid for him, I just regret not having a funeral plan.
Thats one thing ive learnt from all this if nothing else
And again this has all helped so much and I will leave out all the he said she said bullying

Finally I have only ever received ssp. The role was very good money and its been a substantial loss the past 6 months.
The new role was the same pay offer but I knew full well i would be failing that role. And as I never done the stuff they claimed I can only imagine what the reasons would be for failing in the new role. Because I know it was because I refused to back down from the whistleblow. The rest is fabricated.