Discrimination or not?

elsien

If you have a lawyer why are you not asking them these questions? 

zpargo

ToxicWomble said:

What do you want as an “end result” ?

I've not been able to do much lately apart from focus on rehabilitation. I find it near impossible to let this go as there has been unlawful activity on the employer's part in terms of unsafe working conditions (even if we take discrimination out of the equation). Therefore issuing a formal grievance against those responsible feels right but only when I am physically, emotionally ready. (it takes a very long time to recover from illness)

zpargo

elsien said:

If you have a lawyer why are you not asking them these questions? 

Lawyers are very expensive and I wanted a quick view on the discrimination point

zpargo

elsien said:

You tell them you are unwell. 

They suggest you move or are made redundant.
You inform them you consider you have a disability.
They retract the move/redundancy and put reasonable adjustments in place. 

I’m failing to see how that’s discrimination when you weren’t considered to have a disability at the time. 

You’re now back at work but will have waited 3 years to put a grievance in (2018-2012.)  What exactly are you hoping to achieve after this amount of time? 

Whilst my position may be weak from a legal standpoint, as far as I'm concerned they've tried to get rid of me purely due to having a serious health condition and that seems plausible based on the facts. Given this and given it was the employer's fault that led to the ill health can you understand why this would frustrate a person?
Fair point. The grievance would harm their reputations which is the very least that should happen. 

elsien

I have been in the position where I’ve given up a job due to stress/depression triggered by work. In retrospect my company behaved quite badly. 

But you have to be realistic. A grievance, even if upheld, is between you and the company. It is absolutely not going to harm their reputation outside of that. 

It may be debatable as to whether their actions triggered your illness. There are sometimes other factors in people’s personal lives which are just as relevant.  

Whatever you are looking to achieve, all you may be doing is prolonging any stress on yourself. Sometimes, especially after this length of time, it’s better for your health just to let things go.
You have a job. You have reasonable adjustments. Realistically, what else do you expect to come from a grievance after this length of time? 

k3lvc

zpargo said:

unforeseen said:

Just a small point, the NHS don't decide who is disabled. It is whether you meet the conditions within the equality act 2010.

Thanks. My lawyer has confirmed I am disabled

Blimey - does he predict lottery numbers as well ?

On a serious note is your 'disability' physical or psychological ? Has someone confirmed (and is prepared to put in writing) that the cause of it was your employment or are you coming to your own conclusion ? 

zpargo

elsien said:

I have been in the position where I’ve given up a job due to stress/depression triggered by work. In retrospect my company behaved quite badly. 

But you have to be realistic. A grievance, even if upheld, is between you and the company. It is absolutely not going to harm their reputation outside of that. 

It may be debatable as to whether their actions triggered your illness. There are sometimes other factors in people’s personal lives which are just as relevant.  

Whatever you are looking to achieve, all you may be doing is prolonging any stress on yourself. Sometimes, especially after this length of time, it’s better for your health just to let things go.
You have a job. You have reasonable adjustments. Realistically, what else do you expect to come from a grievance after this length of time? 

The grievance would harm the reputations of those senior staff involved as their own managers would be notified and also the audit director and senior HR staff. Agreed it has been stressful not letting go and I should move on but difficult to do so after the long term impact it has had.
A grievance is stressful I know but it doesn't sit right with me to let things go. Any illegal activity from an employer should be called out. Everyone should know about it. 

zpargo

k3lvc said:

zpargo said:

unforeseen said:

Just a small point, the NHS don't decide who is disabled. It is whether you meet the conditions within the equality act 2010.

Thanks. My lawyer has confirmed I am disabled

Blimey - does he predict lottery numbers as well ?

On a serious note is your 'disability' physical or psychological ? Has someone confirmed (and is prepared to put in writing) that the cause of it was your employment or are you coming to your own conclusion ? 

I think I'm done. I have a view on the discrimination point. It is my conclusion based on certain evidence.
Well this is the thing it is impossible to prove causality though doesn't mean it wasn't the cause. But the other evidence points to unlawful practice from the employer. 

elsien

If you win. You don’t seem to be considering that that may not be the outcome. And poor practice isn’t necessarily illegal. 

k3lvc

zpargo said:

k3lvc said:

zpargo said:

unforeseen said:

Just a small point, the NHS don't decide who is disabled. It is whether you meet the conditions within the equality act 2010.

Thanks. My lawyer has confirmed I am disabled

Blimey - does he predict lottery numbers as well ?

On a serious note is your 'disability' physical or psychological ? Has someone confirmed (and is prepared to put in writing) that the cause of it was your employment or are you coming to your own conclusion ? 

I think I'm done. I have a view on the discrimination point. It is my conclusion based on certain evidence.
Well this is the thing it is impossible to prove causality though doesn't mean it wasn't the cause. But the other evidence points to unlawful practice from the employer. 

Good luck then - if you look there's vast experience on here (including me) of people who, in their own way, have believed they have a good cases and realised that things aren't quite as clear cut. If your endgame is to out those who've wronged you then there are limited ways to do this without self-sabotage and a tribunal isn't likely to get the results you're looking for.

That said you seem to have made up your mind - please come back and let us know how you get on