Employer accepts I'm disabled, then refutes at tribunal

moidoid

Undervalued said:

moidoid said:

I do have other paper evidence - they knew about the disorder and how it affected my work from info and assessments I sent. It is a very big employer and it was not just one manager who agreed to the reasonable adjustments - they did not question their duty to make adjustments for 2 years - including during a day-long capability hearing. I think that the ET will not be overly impressed by a large employer trying to say I don't have a disability when a number of senior managers had accepted this was the case for so long. I think that the employer will be trying any argument they can to see if anything sticks.

I think you are misunderstanding.

Ultimately it comes down to whether (if necessary in a tribunal's judgement) you have a disability and, if so, whether the adjustments you are requesting are reasonable. The fact that a manager (who was presumably not medically or legally qualified) initially agreed that you did does not mean that it is so. His opinion does not bind them for ever.

They may be able to argue that having investigated the matter further, they no longer agree that you are disabled (for employment law purposes) and / or that the adjustments needed are not reasonable. It would then be for the tribunal to decide who is right and who is wrong.

Yes, I know, it just feels like they are challenging everything to see what will stick. I am confident in my evidence and can't really see how they can dispute it but we shall see! thanks for the help.

yorkslass88

there are some conditions that automatically qualify you as disabled under the Equality Act. These are listed, but you can also put it to the tribunal to decide, as it’s a judicial decision not a medical one. You have to have had the condition for 13 months, or will have it going forward, and it must make an impact upon your daily living, this will include what would the effects be if it was not treated or medicated. Your GP might immediately tell you, but the Disability websites are a good place to start. It covers Mental as well as physical disabilities, ptsd etc.

moidoid

I thought I would give you an update on how it went and how this question was resolved.

The employer did not concede disability and the tribunal was split 2:1 on whether I had a disability. This makes it sound borderline but the argument of the dissenting voice on the panel was quite strange and was at odds with decisions of previous tribunals. Thankfully my evidence prevailed.

Although not an acceptance of disability, the fact that my managers had been told that I had a disability by me, that it was likely to be a disability by occupational health and had not disagreed with this view in 6 months was given in the judgement as support for my argument that it was a disability.

I won on the grounds of failure to make reasonable adjustments, discrimination arising from disbility and two counts of harassment. I had hoped to resume my job but my employer has not spoken to me about any of this in the 3 months since the decision and does not seem to have learned much from it. It has done great damage to my mental health and ability to work and, having been a social worker for 25 years I'm not sure I can carry on with it anymore. A great shame.

Brie

I'm glad that you won your case.  Employers are very bad at accepting this kind of diversity not helped by managers who are too focused on targets and a lack of understanding about how valuable some employees can be.  

If you want to return to that employer then you may have to ask.  They may assume that you don't which may be why you haven't heard anything. You might be able to go back but want to specify a different team or work site.

Whatever route you take back to employment have your Access to Work report available and see what funding AtW will provide to help get you set up.  This may enable a smaller organisation to be more willing to take you on.  (although they should not discriminate but it's always best to make things easy for you to be employed).  Also have your answers ready for your next meeting or interview.  Have something positive to say about yourself - a friend who is dyslexic emphasises the coping mechanisms he'd put in place prior to his diagnosis and how he has developed his lateral thinking and how this could benefit the employer.  

moidoid

Sorry, just to make it clear I'm still in my job but don't think that I am welcome there and they continue to fail to follow the law in making adjustments. I'm astonished that in what is a huge organisation the managers and HR professionals have made such bad decisions in my case. I think it is likely to cost them between 50 and 100K compensation. They had the facts in front of them but seemed to think they would win - I don't know why.

Brie

I think you may need to talk to a union rep or a lawyer specialising in employment.  It sounds like they are setting you up to fail, hoping you will quit and go away. 

If you are willing to put up with the sour atmosphere assuming they provided the adjustments you need that's fine but frankly I'd wonder if it's worth it for your long term mental health. 

I would hope that a strongly, properly worded letter to someone up the management line would get you either what you need to do your job or a healthy payout to make leaving bearable.  

oh_really

Inform them you would welcome a meeting to discuss your requiirements to enable a return to work asap and to reach an understanding of how your tribunal win is to be recieved and applied to your return.

Ensure union  attendance with an appropriate individual.

Is the emplorer a local authority?