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Discrimination or not?

13

Comments

  • zpargo
    zpargo Posts: 126 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    I will switch off from it until next year. I'll put it down as life experience.
  • zpargo
    zpargo Posts: 126 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    k3lvc said:
    zpargo said:
    k3lvc said:
    zpargo 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
    Odds are always stacked against the employee. In this case its a global employer making billions what am I reasonably going to do against that. Employees beware where you work and who you work with. 
    There's a point when you say its too harmful to dwell on things and move on and I will do this. 
    Also a word of advice to everyone beware of which government you vote for and the changes to employment law they initiate which may weaken the position of employees vs the employer
  • zpargo
    zpargo Posts: 126 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Dox said:
    zpargo said:
    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? 
    The grievance would harm their reputations which is the very least that should happen. 
    I think you'll find it is water off a duck's back. Employees love to imagine their grievance, which is huge to them, is going to have the same impact on an employer. It won't; you'll be lucky to get a reply.
    It depends what I do, the grievance alone won't do too much. If they deny issue I can always get a lawyer to send an e-mail to the CFO and cc in 50 other senior bosses and / or go to the newspapers then reputations will be lost. I have learnt a lot about working in a toxic environment I have to play the same game as them. 
  • zpargo
    zpargo Posts: 126 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    I'm done. Thanks for everyone's assistance on this. I will see what happens. 
  • zpargo
    zpargo Posts: 126 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    zpargo said:
    Dox said:
    zpargo said:
    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? 
    The grievance would harm their reputations which is the very least that should happen. 
    I think you'll find it is water off a duck's back. Employees love to imagine their grievance, which is huge to them, is going to have the same impact on an employer. It won't; you'll be lucky to get a reply.
    It depends what I do, the grievance alone won't do too much. If they deny issue I can always get a lawyer to send an e-mail to the CFO and cc in 50 other senior bosses and / or go to the newspapers then reputations will be lost. I have learnt a lot about working in a toxic environment I have to play the same game as them. 
    That depends what they say, remember a lawyer, even a chancing, money grabbing one is not stupid enough to run the risk of libelling/slandering/otherwise defaming a third party.

    The company will close ranks if needed, the CFO will do what is needed to protect the company if he even has to get involved, the senior bosses will likely not care, the legal department will crush any lawyers you send their way.

    Remember that a working environment you deem "toxic" is probably just regarded as competitive, driven, maybe stressful, but it is very subjective and no employee is going to back you up as it would destroy their career. On top of that in the days of being able to find information online about anyone, having sued a previous employer is usually a career ender for the person doing the suing, the company meanwhile will carry on just fine, water off a ducks back. 

    You still have a job, it does not seem like they discriminated in any way, move on, living in the past and angry about a perceived slight from years ago is only harming one party, and it is not your employer. 
    And for those reasons employers can and will get away with anything as the system allows it. 
    Agreed it is harming me what has happened. So difficult to let this one go. 
  • zpargo
    zpargo Posts: 126 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    zpargo said:
    Agreed it is harming me what has happened. So difficult to let this one go. 
    From what you have posted on here it seems that it is you own actions that are harming you, not those of your employer.
    No its the actions of the employer that have damaged my health looking at the evidence which I can't put on here which nobody here has seen. The subsequent pain of course I am feeling but its manageable. End of the day I will get what I want and then I'll move on. The employer has very much been losing out for over 3 years here. Absenteeism, inefficiency in the team, poor reputational inside and out, Financial loss, Legal risk. 
    I think its best to leave this one here. I have what I need now. Appreciated for all comments.
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