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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59734
Experience:  Qualified Solicitor
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I feel im being discriminated at work because of my

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i feel im being discriminated at work because of my lifestyle that aids my anxiety
JA: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?
Customer: with a manager and HR yes but they didnt understand my situation. i havnt spoke about this with a lawyer yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i am a employee but i handed my notice in on friday last week
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats fine

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Please provide some more details of your circumstances.

Customer: replied 9 days ago.
i have been undergoing some situations at work relating to my lifestyle the use of adult diapers to aid with my anxiety issues i have a Letter i have been writing to tell you all about the issues and what i have been undergoing woudl this be a possibility to send this over?

you can attach it on here if you want?

Customer: replied 9 days ago.
here is the attached file
Customer: replied 9 days ago.
https://www.dropbox.com/sh/vfqabga80hbw532/AACDigjSPzks4-g7KGMaLWuVa?dl=0 here is a drop box link with all the screenshots of the conversations

Thanks for that and what do you specifically want to know about all of this, please?

Customer: replied 9 days ago.
i want to know where i stand legally i feel absolutly discriminated and attacked in the place of work and i dont know what i should do

Thank you. You will likely have rights under discrimination on the basis that you may have been treated detrimentally due to a disability (the anxiety) and also sexual orientation (LGBTQ+ status).

Firstly, the disability. This can have a broad meaning from a legal perspective and there is no single list of medical conditions that qualify. Potentially anything can amount to a disability if it meets the required criteria.

The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down and examine it in more detail:

  • Physical or mental impairment – this can include nearly any medical condition, be it physical or mental
  • Substantial effect – the effect must be more than minor or trivial
  • Long-term - the impairment must either have lasted or be likely to last for at least 12 months
  • Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities)

If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination. This means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees. So if you were not treated fairly because of the anxiety snd things that come with it, that is where the discrimination can come in. At the same time, if this was linked to your sexuality it can add another element of discrimination.

Now that you have left, the only thing you can do is consider taking this to the Employment Tribunal for a claim for discrimination.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 7 days ago.
Oh I'm sorry for the late response yes it does thanks

No worries and all the best

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