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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44865
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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1yr down track on Employ Disability Discrim Case but; Can

Resolved Question:

1yr down track on Employ Disability Discrim Case but; Can I prove Disability & Employer didn't take sensible steps so the broke the Law & that is enough OR is that impossible in which case I have to follow where we are right now which is a combination under the Equality Act 2010 of prove Disability (medically), affect on "Day to Day activities" AND also prove Harassment, Bullying Victimisation.
IF I can be allowed to prove simply Disability -simple (relatively) so I am "trying" to see if I can avoid the minefield of proving the rest which has Time Limits, emails evidence - a massive amount more complexity, Thanks Craig
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. I can't quite understand what you are asking can you please clarify

JACUSTOMER-9fqn1418- :

JACUSTOMER-9fqn1418- :

ok

JACUSTOMER-9fqn1418- :

1yr downtrack & 3rd Hearing is in 2wks

JACUSTOMER-9fqn1418- :

Employ Disability Case

JACUSTOMER-9fqn1418- :

At the moment, my Case is a Disability Discrim Case

JACUSTOMER-9fqn1418- :

as such I need to satisfy the conditions under the Equality Act 2010

JACUSTOMER-9fqn1418- :

as we know that means 3 elements;

JACUSTOMER-9fqn1418- :

medically am I disabled

JACUSTOMER-9fqn1418- :

affect on day to day activities

JACUSTOMER-9fqn1418- :

& 3rd;

JACUSTOMER-9fqn1418- :

Discrimination (Harassment, bullying, Victimisation

JACUSTOMER-9fqn1418- :

all ok so far?

Ben Jones :

ok

JACUSTOMER-9fqn1418- :

cool

JACUSTOMER-9fqn1418- :

so at the moment THREE connected but distinct aspects

JACUSTOMER-9fqn1418- :

My questions is;

JACUSTOMER-9fqn1418- :

IF I prove I have a Disability & my Employer nil about it- is that enough as they have broken the Law

Ben Jones :

ok so discrimination claim you will have to show that you are disabled in the legal sense of the term and once you can show that you also need to show that you have actually been discriminated in some way - either directly or indirectly

JACUSTOMER-9fqn1418- :

what about if I do NOT go the discrimination route

JACUSTOMER-9fqn1418- :

but instead bring a Disability claim

Ben Jones :

well discrimination is a disability claim, it is the disability discrimination laws you will be applying, you can't just make a disability claim, not sure what you are referring to as a disability claim on it own

JACUSTOMER-9fqn1418- :

" you can't just make a disability claim" - that is the nail on the head

JACUSTOMER-9fqn1418- :

eg is it not possible to bring a Disability Claim on the basis the Employ didn't follow basic steps OR is that impossible because a Disability Claim must also inc /show discrimination

Ben Jones :

well there is no such thing as a disability claim - you will be making a disability discrimination claim so you will have to show that there was an element of discriminaiton

JACUSTOMER-9fqn1418- :

ok, next bit

JACUSTOMER-9fqn1418- :

we are agreed that I need to show Discrim

JACUSTOMER-9fqn1418- :

what FORMAT does that Discrim need to show eg

JACUSTOMER-9fqn1418- :

does it have toi show 1 of the protected Characteristics (H, Bullying, Victimization) OR simply they discriminated againt my Disability BY NOT TAKING SENSIBLE STEPS

Ben Jones :

Well it could be either direct or indirect discrimination. I think you may be getting confused about the protected characteristics because disability is in itself a protected characteristic, so once you show you are disabled you have satisfied having one of the protected characteristics. Then you need to show what type of discrimination occurred. If it as direct then it means the employer basically treated you less favourably than others just because of your disability. Or if it was indirect then it means they had applied some practice or principle which meant that you ended up at a disadvantage when compared to non-disabled employees. This would also cover failure to make reasonable adjustments to try and reduce the effects of the disability in the workplace.

JACUSTOMER-9fqn1418- :

1min pls

JACUSTOMER-9fqn1418- :

All good info; 1yr downtrack so indirect thrown out & we are left with Direct. That said -I am not convinced (although thats where we are today) that I need to go doewn that road at all & hence my question to you today. Just because we have gone 1 route doesnt necessairly make it the right route!


So if D is 1 of the Protected Characteristics & I prove my employer basically treated me less favourably than others just because of your disability is that enough or do I have to prove H, B, Victimisation

Ben Jones :

No, it can be sufficient if you just show that you were treated less favourably than someone who was not disabled - that in itself would be discrimination

JACUSTOMER-9fqn1418- :

cool

JACUSTOMER-9fqn1418- :

last bit;

JACUSTOMER-9fqn1418- :

so I have to prove" treated less favourably" correct

Ben Jones :

yes, that is the requirement, there has to be some sort of less favourable treatment

Ben Jones :

if you are treated the same you can't say there was discrmination

JACUSTOMER-9fqn1418- :

ok. the fact that they were aware of my D but took nil steps to help with that D, is that not in itself treating a person less favourably than others

Ben Jones :

yes and most likely it is a failure to make reasonable adjustments

JACUSTOMER-9fqn1418- :

ok- this is really important as 3rd Hearing in 2wks & we are 1yr downtrack

JACUSTOMER-9fqn1418- :

firstly; now gone Direct route -is it too late to change the Case

Ben Jones :

you can ask the tribunal's permission to let you amend the claim, they will decide if that should be allowed or not

JACUSTOMER-9fqn1418- :

impact on:

JACUSTOMER-9fqn1418- :


pay out amount


evidence "time limits"

A N Other impacts?

Ben Jones :

the compensation will not be affected and neither would the time limits - they remain the same

Ben Jones :

it's just a different type of discrimination but that is it, it would require you to prove different things but won't affect anything else

JACUSTOMER-9fqn1418- :

ok. "a failure to make reasonable adjustments"

JACUSTOMER-9fqn1418- :

1min pls

JACUSTOMER-9fqn1418- :

That's it really; in that somebody who has a recognised D their employer fails to take reasonable adjustments but that employee does NOT suffer any Harassment, Bullying or Victimisation - could indeed bring a Case on the basis the Employer didn't make reasonable adjustments -correct?

Ben Jones :

yes

Ben Jones :

The Equality Act imposes a duty on employers to make reasonable adjustments to premises or working practices to help disabled job applicants and employees. A failure to comply with this duty to make reasonable adjustments is a form of discrimination

JACUSTOMER-9fqn1418- :

my reason is to avoid the minefield of providing email proof of every event of Harassment dated etc etc- its a nightmare that the Respondent will sieze upon to knock out -so if I can avoid need -has to be the way ahead



JACUSTOMER-9fqn1418- :

what do u counsel pls

Ben Jones :

in what way, do you mean what law I practice?

JACUSTOMER-9fqn1418- :

no, sorry

JACUSTOMER-9fqn1418- :

do u think its a silly idea changing to above to avoid minefield of having to prove Harassment etc

Ben Jones :

well I do not know how strong a case you have either way, that would be impossible to determine just from the limited information I have as I can't tell you what would be a better route, I can only really advise on the law and the options you have but to tell you which one is better without having done a full case analysis would be imposable

JACUSTOMER-9fqn1418- :

v strong on both. but 1 is simple route the other is a battle with the Respondent on ea & every event of harassment

JACUSTOMER-9fqn1418- :

hence the wish to avoid!

Ben Jones :

I understand but in the end the evidence will just be left to the judge to decide if it was harassment/discrimination or not so whatever te employer says it will have no impact eventually as the decision will lie out of their control. Also you do not know if you will be allowed to add the new claim now so you may want to try that first before deciding whether to withdraw the existing one

JACUSTOMER-9fqn1418- :

ok, many thanks. logging off -most helpful!

Ben Jones :

you are welcome, all the best with this

JACUSTOMER-9fqn1418- :

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44865
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I have a further q to ask pls

Customer: replied 1 year ago.

Can u pls make contact asap, thanks

Customer: replied 1 year ago.

I will put my exact question:

Let's take a hypothetical Disability Case ; Bob told his employer Day 1 in writing on his Contract of Employment he had a bad back. He didn't complain but his employer took no "reasonable steps" at all. So;

a) can Bob go to an employment Tribunal & he has a Case pure & simple

OR

b) does the Employer have to prove they took reasonable steps

OR

c) does Bob have to prove back problems caused him problems at work

Customer: replied 1 year ago.

My 2nd question: (Employ/Disability Case)

I put my Disability on my day 1 contract of Employment. The Line Mgr has stated that they were not aware. (which is likely correct as the HR Dept have admitted (in writing) "they made a mistake" & didn't send my contract onto The Occupational Health Dept as they should have so indeed - through their mistake, my Line Mgr probably didn't know.

I am now being asked to show evidence of Discriminations. The fact the L Mgr didn't know of my condition - does that "hold water" or the fact the Employer knew takes presidency? eg can they use the L Mgr didnt know as a get out of Jail card

Expert:  Ben Jones replied 1 year ago.
, please submit these as separate queries on our site, you can start them with ' Jones' so they will reach me directly, thanks
Customer: replied 1 year ago.

How do I submit them on the site as it tries to charge me. pls advise

Expert:  Ben Jones replied 1 year ago.
you appear to be on a subscription so it should not charge you anything additionally. Unfortunately I do not deal with the customer-side of things on the site so cannot advise on how to get around that - you may wish to contact customer services via http://ww2.justanswer.co.uk/en-gb/contact-us
Thanks
Customer: replied 1 year ago.

I have emailed CS - 5th time today as had a nightmare on this site but heh.

Any reasons u cannot simply answer my questions on this since we are chatting. if not guess we await CS sometime tomorrow. They already charged my card by mistake today & credited it back nightmare!

Expert:  Ben Jones replied 1 year ago.
as they are separate questions they would need to be charged as such, or be submitted under your subscription plan hence why they need to be asked separately
Customer: replied 1 year ago.

ok, but shall we start with 1q on here

Expert:  Ben Jones replied 1 year ago.
the original question has already been answered and charged and credited so you cannot start a new one on here I'm afraid, it must be posted as a new, separate one
Customer: replied 1 year ago.

lets let CS sort it tomorrow- been a long day! Thanks patience

Expert:  Ben Jones replied 1 year ago.
no problem at all, hopefully will hear from you at some point

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