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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I put my Disability on my day 1 contract of Employment. The

Resolved Question:

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
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
taratill :

my name is ***** ***** I am happy to help you today. Did the acts of discrimination occur during the period that your manager was not aware of the disability?

Customer:

Customer:

can u past the q again as I have 2q

Customer:

paste

taratill :

this is a question about disability discrimination. You said that your employer was arguing they had no knowledge and I asked you whether the acts of discrimination occured in the time that the manager was not aware of your diasability?

Customer:

sorry -my question

taratill :

No can't you see it?

Customer:

no

Customer:

can u paste my original q pls (as I have 2 running)

taratill :

I;m sorry my computer won't let me do that. It was about the fact that occ health had not told your manager that you were disabled and you are worried they will use this against your claim.

Customer:

1min pls

Customer:

found it on another pg; 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

taratill :

Yes.

taratill :

can you answer my question now about when the act of discrimination occcured?

Customer:

key part of it is; 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

taratill :

I understand that but it is important to know when the act of discrimination occurred to give a full answer.

Customer:

ok

Customer:

was employed april 2013 -march 2014, the discriominations occured July 133 march 14

Customer:

13

taratill :

Ok, it is my view that if you had told HR that you were disabled the manager ought not be able to rely on the fact that they were not told by HR that you were disabled.

taratill :

An employer could always use that excuse if that were the case. If you did not disclose the disability at all that would be different.

taratill :

Is there anything else you would like to know about this?

Customer:

i didnt make any complaints until Feb 2014, is your view still that they can not use the L Mgr didnt know as a get out of Jail card

taratill :

When was the final act of discrimination? If it was more than 3 months prior to Feb 2014 then the claim might be out of time but that is a different issue.

Customer:

time limit-I am i o top of thanks

Customer:

on

Customer:

i didnt make any complaints until Feb 2014, is your view still that they can not use the L Mgr didnt know as a get out of Jail card

taratill :

Yes as the 'employer ' is deemed to know if you disclosed this on the application form. Miscommunication is no excuse here.

Customer:

good

Customer:

record I did complain beforeFeb 2014 verbal etc but that doesmnt matter now, thanks

Customer:

I have to go now but I will log in later with q2

Customer:

many thnks logging off

taratill :

I would be grateful if you would rate this answer, I will be happy to answer further questions if you request me by name.

Customer:

ok, thanks

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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