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, 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
1yr downtrack & 3rd Hearing is in 2wks
Employ Disability Case
At the moment, my Case is a Disability Discrim Case
as such I need to satisfy the conditions under the Equality Act 2010
as we know that means 3 elements;
medically am I disabled
affect on day to day activities
Discrimination (Harassment, bullying, Victimisation
all ok so far?
so at the moment THREE connected but distinct aspects
My questions is;
IF I prove I have a Disability & my Employer nil about it- is that enough as they have broken the Law
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
what about if I do NOT go the discrimination route
but instead bring a Disability claim
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
" you can't just make a disability claim" - that is the nail on the head
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
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
ok, next bit
we are agreed that I need to show Discrim
what FORMAT does that Discrim need to show eg
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
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.
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
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
so I have to prove" treated less favourably" correct
yes, that is the requirement, there has to be some sort of less favourable treatment
if you are treated the same you can't say there was discrmination
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
yes and most likely it is a failure to make reasonable adjustments
ok- this is really important as 3rd Hearing in 2wks & we are 1yr downtrack
firstly; now gone Direct route -is it too late to change the Case
you can ask the tribunal's permission to let you amend the claim, they will decide if that should be allowed or not
pay out amount
evidence "time limits"
A N Other impacts?
the compensation will not be affected and neither would the time limits - they remain the same
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
ok. "a failure to make reasonable adjustments"
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?
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
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
what do u counsel pls
in what way, do you mean what law I practice?
do u think its a silly idea changing to above to avoid minefield of having to prove Harassment etc
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
v strong on both. but 1 is simple route the other is a battle with the Respondent on ea & every event of harassment
hence the wish to avoid!
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
ok, many thanks. logging off -most helpful!
you are welcome, all the best with this
I have a further q to ask pls
Can u pls make contact asap, thanks
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
b) does the Employer have to prove they took reasonable steps
c) does Bob have to prove back problems caused him problems at work
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
How do I submit them on the site as it tries to charge me. pls advise
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!
ok, but shall we start with 1q on here
lets let CS sort it tomorrow- been a long day! Thanks patience