Grievance what next

Legacy_user

Hi , just looking for some advice.

I have a grievance open atm with my employer regarding disability discrimination,For flexible working when needed due to flare ups of my disease which cause me to pain to work on those days.

For removal of reasonable adjustments without warning (they are saying the reasonable adjustments that were in place for a few years weren't reasonable adjustment but a favour) this was in response to them asking me to work weekends which I declined to do. I didn't know unless I agreed the adjustments would be removed

Severql Refusals to provide occupational health review when I asked for to sort out some other adjustments I felt would help me . (Since I've sent the grievance they have now given me a occ review and they've stated the adjustments I've asked for are reasonable)

Failure to adjust targets when I was struggling (This caused me so much stress and the main reason why I was wanted a occ review)

Managers conduct towards me when discussing my disability, Inaccuracy records kept and Errors in procedure. They just have messed everything up and really treated me unfairly

I'm hopeful my grievance will be upheld i have lots of evidence and I've told my employer I feel unable to return back to work as I've lost confidence in my employer (I'm currently on work related stress sickness). If the grievance is not upheld I will take it to tribunal but if the grievance is upheld I'm keen to negotiate a settlement, can I ask for compensation within the settlement. As I am disabled I will struggle to get another job quickly can I ask that this is reflected in the settlement. If grievance is upheld and I'm unhappy with the settlement figure can I still go tribunal? The fact they would have acknowledged guilt does that mean I would automatically win my case at tribunal? We are currentlygoing through the consilliation process with acas who are completely unhelpful but at least I have a deadline now as their investigation has been going on for 3 months and 2 weeks so far. They have 2 weeks to give me a outcome.... any advice on what I should be doing when the grievance result comes would be so helpful

marliepanda

I imagine their argument will be you were happy to work flexibly when it suited you, but when asked to work flexibly for them you declined.

Usually settlements do not come with an admission of guilt.

System

I say flexible working however if I had a flare up I could swap that shift and work the hours back. This happens a few times a year, it also as far as I'm concerned part of my reasonable adjustments and I shouldn't be punished if they asked me to work weekends but I give clear reasons why I cannot and it wasn't part of my contract

sangie595

What do you think ACAS are for? They aren't there to "help". They are there to conciliate, which means they neither favour nor help either party. If you want help you go to your union or you enjoy a solicitor.

Flexible working isn't "as and when" you can work. If you have a flare up and can't work, that is what sick leave is for - that's not flexible working.

You do not have work related stress because it doesn't exist. You have stress / anxiety / depression and claim that the cause is solely the liability of your employer. Until a court determines that, the opinion of your medical professionals based solely on your word is irrelevant. There are two sides to every story, and having a disability doesn't make your side automatically true.

If they uphold your grievance it is less likely that you will win a tribunal. Because they will have taken actions to resolve the situation, and the only reason you'd them be at a tribunal is because you don't accept them! If you don't win you must appeal- you cannot go to a tribunal and stand any chance of winning unless you have exhausted the whole of the procedure.

You are saying here that you won't go back to work. I hope that you haven't said that to the employer. Because if you have, you have probably handed them victory. The purpose of all this is to fix the situation, not to terminate your employment. If you don't want to remain in their employment, that is called "resigning". If all this is about is getting money, then it's called something else, and it doesn't go down at all well in courts.

sangie595

Jenjenjenna wrote: »

I say flexible working however if I had a flare up I could swap that shift and work the hours back. This happens a few times a year, it also as far as I'm concerned part of my reasonable adjustments and I shouldn't be punished if they asked me to work weekends but I give clear reasons why I cannot and it wasn't part of my contract

That's not flexible working. What your opinion is isn't relevant- if it is a reasonable adjustment you must provide proof of that and preferably in writing.

You are disabled, but that doesn't mean that you get preferential treatment. If everyone is required to work weekends and you refuse then that is nothing to do with disability.

If your only have problems a few times a year, what's your disability? Because the legal definition is "long lasting and substantial impact on day to day activities" - which isn't what you are describing!

[Deleted User]

What type of disability only effects you on the weekends and when you have a flare up?

Thomas_The_Tank_Top

I wish I could thank Sangies posts more than once!

ReadingTim

_shel wrote: »

What type of disability only effects you on the weekends and when you have a flare up?

Being legless...?

System

I have Rheumatoid arthritis. I never said it only affected me during flare ups. It affects me day to day hence why I was requesting repeatedly a occupational review. They refused this. It was my understanding that I had a reasonable adjustment in place regarding the ability to swap shifts this was all written down and documented. However they are saying nothing was written down and it was just a favour which was in place for 2 years. This is not true. I have evidence of their refusal to provide an occupational review. In reference to the working weekends I never said that was to do with my disability I have other reasons why I cannot and they asked me the question and I said I couldn't do it, the next day I was brought into a meeting and told the arrangement in place regarding my flare up would be removed.

System

In regards to acas I'm more than aware what their service is for however I was allocated a mediator I spoke to her once and now she's on holiday until after the EC Period ends.

hcb42

there doesnt seem to be any grounds for not working weekends due to disability