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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have applied to the employment tribunal as I believe I have

Customer Question

I have applied to the employment tribunal as I believe I have been discriminated against on the grounds of disability, the company has not conducted its own grievance process correctly and has not conducted its occupational heath process in a transparent and clear manner. I have resisigned form the company and my claim is for discrimination and constructive dismissal.
I informed the employer that I was diabetic and took medication to control my blood sugagr at the pre employment health screening consultation.
When I started work I was provided an inadequte computer to work with. It was replace 9 months later and it was agrred at the grievance hearing the the computer was indeed inadequete.
In the meantime I was put on a performance improvement plan. When I notified the company that my blood sugar had become uncontrolled the process was suspended.
I had 2 consultations with the occupational health nurse and she requested a report from my GP. Before the request was sent out I asked for a copy of it, one was provided after weeks and many requests. I consented to the request for the report as long as it was specific. When I went to see the report before it was sent out by the GP I was surprised that the original wide ranging request had been made. To save time and effort I asked the GP to send it. I told the employer that I found their actions unethical.
The GP'S report confirmed I was diabetic but was vague on whether my condition was impacting my work. He did that the my concentration may be affected at times.
The occupational health nurse asked me to attend an appointment with the company doctor. I asked why. After several weeks it was explained to me that the nurse belived my health was impacting my work. We agreed that the appointment would take place in December 2014.
I December 2014 I was asked to attend a rescheduled disciplinary hearing. I could not attend due to illness. I was given a written warning. My alleged poor performance was not fully explained by poor equipment. As a software engineer a computer is my main tool. The warning was for timekeeping related issues that had improved over the 6 months since the original disciplinary hearing was due to be health. It was suspended as had raised related grievances.
Before the disciplianry hearing my GP had written a report explaining that my heath had deteriorated and I was suffering from almost constant headaches and lack of concentration. The notes of the disciplinary do not mention the GP's report. The appointment with the company doctor was not arranged.
On 9 January 2015 I resigned with 1 days notice to complete formalities. The grievance process had not been followed, appeals disallowed and medical appointments not made. Futhermore I was paid a bonus in March 2015. The warning was not justified. The company allows time off for medical appointments as long as they are in a hospital. Diabetes is managed by GP's and in september 2014 I had to take unpaid leave, the occupational health nurse had advised that I should attend such appointments.
I started my job on 8/7/2013 and my last day was 12/1/2015.
Is there a qualifying period for breach of contract leading to resignation claims such as neglecting duty of care and not following contractural grievance processes?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Could you please clarify what you mean by a 'qualifying period'?
Customer: replied 2 years ago.

Unfair dismissal claims can only be made after 2 years service. What is the situation with disability discrimination and breach of contract leading to resignination.

Expert:  Ben Jones replied 2 years ago.
Hello, there is no qualifying period for disability discrimination claims. Such a claim can be made at any time and regardless of length of service. However, you would need to show that you met the criteria to be classified as being disabled in law and that your employer had discriminated against you because of your disability. In addition, the claim must be brought within 3 months of the alleged discriminatory act taking place.
In terms of a breach of contract claim, you cannot claim that because there was a breach of contract you were led to resign and then claim constructive dismissal. The constructive dismissal claim requires 2 years’ service so if you are trying to claim that you were forced to resign because if the breach of contract then you cannot claim constructive dismissal because you would still require the 2 years’ service to be able to claim.
You could claim wrongful dismissal (this is different to unfair dismissal), where you were dismissed (or forced to resign) in breach of contract but the best you can expect from that is payment for the notice period you would have been entitled to had you left normally and not resigned without notice.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks