Advice re Employment/Disability Discrimination

akery

Hi,

I am looking for some advice regarding the following employment issue:

I have worked for my company for more than 20 years and have always had an unblemished record.

I suffer from a disability affecting my lungs and when COVID broke out, I was advised to shield. I have an office-based job and my employer allowed me to work from home.

In October, my employer held a back to work meeting at which I said I was unhappy about returning and pointed out my disability. He sent a letter demanding my return, but the country then went back into lockdown. After this our relationship deteriorated – I work closely with my employer, but he cut off contact and would not message me or email (before this we had been in close contact almost every day).

Then I had a message from HR to say that my employer felt I could not do my job at home. I contested this as I had been doing all my tasks remotely since lockdown began. I sent a detailed breakdown back detailing how I was carrying these tasks out and asked him to respond, but he did not answer.

After this, the HR lead contacted me to say that my employer just wanted me to admit that I could not do my job from home. I refused, saying I believed this was not the case. I also pointed out the stress the situation was causing me.

Following that, my employer began to question a long-term arrangement (in place for more than 10 years) that I leave half hour early once a week during school terms to pick my daughter up from school. I offered to make up the time over lunchtimes or after work, but this was refused and I was made to accept a cut in pay.

Finally, after Christmas I received an invitation to an investigation meeting about a deadline my employer said that I had missed. I had repeatedly messaged and emailed him about the deadline, as he needed to take action in signing off a component of the job before it was released but again, he failed to reply. I said I believed the breakdown in communication since our meeting in October was the cause of this, but I was told this was irrelevant. He said that I should have called a meeting, to which I replied that he was not responding to any of my messages. I again pointed out the extreme stress that this was causing me, and said I felt that I was being victimised as another person also working at home had not been subject to similar treatment.

Last week, following the investigation I received an invitation to a disciplinary hearing. as my employer said he believed there was a case to answer. At this point, I resigned and cited the breakdown in our relationship as a reason.

My employer responded asking me to reconsider saying he felt that our relationship had not broken down; I replied re-iterating that I believed it had, and confirmed I still wanted to resign.

He has now written to me again asking me to reconsider, saying I can raise a formal grievance which would be investigated in-line with the company Grievance Policy, by an independent person. a grievance against him. He has also requested an informal meeting and said I can take a colleague. In addition, he has referenced a previous offer of a meeting to discuss my concerns about my wellbeing, but no such offer has ever been made.

I would like to know how to respond as I believe that I may have a case against my employer for disability discrimination. I haven’t decided whether to pursue this yet, but I don’t want to do anything to prejudice this in case I do decide to proceed with a claim.

Can anybody help?

Many thanks.

Akery

Takeaway_Addict

Suggest you look to find an amicable way of leaving via a settlement agreement. Whatever happens now the relationship is done.

akery

Thanks TA. 
How would you respond to his request for a meeting?
I don't want a meeting, but don't want to prejudice any action for discrimination that I may need to take.
Kind Regards
Akery

TELLIT01

I get the impression that somebody has explained to your employer that you may well have grounds for constructive dismissal and/or discrimination.  There is now a great deal of back pedalling going on to try to avoid either or both outcomes.

The question for the OP now is do they enjoy their job and would they wish to continue if the relationship can be repaired?

Gavin83

What do you want as an outcome?

Honestly if this were to go to court I wouldn't fancy your chances. However I doubt they'd want it to go to court either. You might be able to push for a settlement agreement although you might want to consider returning, especially given how poor the job market is at the moment.

akery

Thanks for the replies.
The situation now is I definitely don't want to return as the relationship is damaged. However,I would like to leave the prospect of legal action open, as I don't think I've been treated fairly. 

Gavin83

Did you raise a grievance at any point?

Honestly I don't think their recent actions have done you any favours at all. Your argument will be that they're attempting to push you out of the business due to your disability. They'll argue that isn't true, why would they ask you to remove your resignation if that's the case, they attempted mediation to discuss your problems which you refused, they had no idea you had issues as no grievance was raised....

Personally I'd go to the meeting. It might allow you to resolve a few issues, it'll be a good time to broach a settlement agreement (if that's what you want) and if this case does go legal it'll help your case somewhat. Who knows, maybe it'll even be positive and you'll change your mind. Either way you really haven't got anything to lose by going.

avawat20

Go to Citizens Advice/ACAS/an employment lawyer for advice.

Thrugelmir

TELLIT01 said:

There is now a great deal of back pedalling going on to try to avoid either or both outcomes.

Not back pedalling. Open door regarding the nature of the exit is exactly what the employer should be doing.