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Ben Jones
Ben Jones, UK Lawyer
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Experience:  Qualified Solicitor
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Dear Ben Can discrimination be identified if the company is

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Dear Ben
Can discrimination be identified if the company is not properly understanding the medical reasons that stress caused unpleasantness at work can resort to lack of focus, panic and mistakes,

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

Are these related to a specific medical condition?

Customer: replied 1 month ago.
I do suffer from anxiety and depression, which is treated and controlled by medication, this has been disclosed to the company.
Customer: replied 1 month ago.
Extra pressure and lack of support, understanding has generated more stress.

It can be potential disability discrimination, especially if the employer knows that there is an underlying condition which could make things worse for you in the event you are exposed to any additional stress, etc. Sometimes you have to spell it out clearly to them to make them understand, but even if you had not done so, that does not mean they can get away with it. Even minor knowledge would mean thy have enough there to at least look into the situation in more detail and ensure you have the required support and that they do not engage in any acts or behaviours which could place you at a disadvantage because of your condition.

Does this answer your query?

Customer: replied 1 month ago.
Thank you Ben it clearly does, in my case the period of time I mentioned (2018-early 2019) not enough support was provided. The tricky point is they appear to only want to address it now, after going through an unpleasant grievance and appeal) subsequently I asked for an subject access request, which they are now saying needs to a three month extension. This means I am I bake to view any data that links my name in respect to my health issues. I hope that doesn’t effect the early conciliation process with Acas.
Customer: replied 1 month ago.
Thank you Ben it clearly does, in my case the period of time I mentioned (2018-early 2019) not enough support was provided. The tricky point is they appear to only want to address it now, after going through an unpleasant grievance and appeal) subsequently I asked for an subject access request, which they are now saying needs to a three month extension. This means I am UNABLE to view any data that links my name in respect to my health issues. I hope that doesn’t effect the early conciliation process with Ac

The issue with pursuing disability discrimination is that any claim (or the ACAS process) must be initiated within 3 months of the alleged discriminatory act so whatever they tell you and however they may try and delay things, you must ensure that you start the process within the specified time limit

Ben Jones and 6 other Law Specialists are ready to help you
Customer: replied 1 month ago.
The issue I have is my Company seem to be trying get around the subject by saying they cannot except discrimination because It wasn’t identified in the grievance, however this is not entirely fair because I have stated the bulling and lack of support towards my health issue, is what pushed to go down that formal route. Is this a war or words, time processes they are trying to get around.

They do not need specific knowledge and for you to point them to the disability and identify it for them. COnstructive knowledge of a disability is sufficient and they then have strict obligations to ensure no discrimination occurs and that reasonable adjustments are made.

Customer: replied 24 days ago.
requesting Ben Jones
Customer: replied 24 days ago.
Dear Ben

The company is not prepared to listen or care about my case, their only desire now is go down a PIP process

Obviously a PIP is designed to get rid of me, they clearly do not want to continue my employment or consider my health issues. There a tribunal is inevitable. What are my options whilst I continue to work with ONE. Would they consider paying me off to leave ? And what option do I have in preventing a very painful and upsetting process of going through a PIP ? . I have to consider my health and finding other employment.
I
Customer: replied 24 days ago.
What protection and options do I have whilst I remain employed with my current employer, I have asked for a statement of regret, which I doubt they will except.
Customer: replied 24 days ago.
My acas early conciliation ends 29 October

Hello, thanks for getting in touch. We do ask that customers post any related follow up queries within 7 days of submitting their original question if they want it to be covered by the initial fee. After that time, if you need further support, we kindly request that a new question is posted as we cannot offer indefinite assistance under one fee. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' as I am familiar with your case and can deal with it most efficiently. Many thanks

Customer: replied 24 days ago.
Dear Ben

The company is not prepared to listen or care about my case, their only desire now is go down a PIP process

Obviously a PIP is designed to get rid of me, they clearly do not want to continue my employment or consider my health issues. There a tribunal is inevitable. What are my options whilst I continue to work with ONE. Would they consider paying me off to leave ? And what option do I have in preventing a very painful and upsetting process of going through a PIP ? . I have to consider my health and finding other employment.
Customer: replied 24 days ago.
This is what I received from acas
Customer: replied 24 days ago.
Hi Stephen,

The Respondent in the above matter have come back to Acas and have said that they understand that you have requested the following :

That you be supported at work with your health issues ;
That you would agree to mediation if an approved Mediator is used and a proper process is followed.

They can confirm that the Company’s response to this is as follows :

The Company has now received an Occupational Health Report and the recommendations from that report are being factored into a Performance Improvement Plan which is absolutely designed to assist you with your work ;
The Company has interviewed a number of potential mediators already and on AJ Fisher’s return next week will make contact with the one they have selected with a view to arranging mediation through an accredited company following recommended procedures.

Kind Regards

Paul Bradley Assoc CIPD
Customer: replied 24 days ago.
My response
Customer: replied 24 days ago.
Dear Paul

May I respond to this email.

I/ I have not agreed to mediation at this stage, as the company ignored my previous requests and enquires about it in 2018. I said I would consider thinking about it, to be seen as non obstruction. I only would feel comfortable thinking about that option should Mr A Fisher confirm his apologetic statement made my grievance hearing in 2019 ,that they failed to offer mediation as form way to resolve an ongoing issue within my department in 2018.

2/ I would consider weekly meetings to discuss performance with my line managers ,provided this was constructive and non formal and fair for both parties, identifying that bulling resorts in lack of concentration and poor performance and how we can proactively manage this going forward. HR agreed that weekly meetings between my HR Adviser Meera Hanchate, myself and my line manager would be a fair and balanced way in supporting everyone particularly OCP Health and disabilities ( with witnesses involved to make sure the meetings were conducted professionally ) .There was no mention of a PIP, since my appraisal was back in March 2019, it is now October 2019? Why now ? ( further lack of consideration and timing the same as mediation) I am happy to agree to this provided it recognises OCP and disability’s.

3/ I ask for compensation to my feelings and damage caused since 2018 .

4/ A statement of regret from the company that my health issues, performance were not properly supported and understood since 2018,

5/ damage to my feelings where 1-1 meetings with my line mangers on the the subject of health and the consequences of me pursuing a formal grievance were vigorously denied.



Kind Regards

Stephen Ricker
Customer: replied 24 days ago.
Hello

If this goes to tribunal, how am I able to contour working for them, I never agreed to mediation,
Customer: replied 24 days ago.
They don’t not really seem care about my OCP, neither except where they are wrong PIP is clearly aimed to cover their tracks as is mediation, the truth is I was not recruited by my managers who have bullied me for the last year, my contract was subject to TUBE, neither do they seem to are care or respect my feelings over health issues raised in 2018
Customer: replied 24 days ago.
TUPE process sorry .
Customer: replied 24 days ago.
Hello

If this goes to tribunal, how am I able to continue working for them. Can they force mediation, I don’t feel it going to help me, only save the face of company
Customer: replied 24 days ago.
I just need help ,they have and making my life miserable
Customer: replied 23 days ago.
Dear Ben

I am unable to see the response
Customer: replied 23 days ago.
Do I require legal more support in what now appears to be an inevitable tribunal
Customer: replied 23 days ago.
My health stress has worsened since viewing their response to Acas, they have twisted it by saying I have agreed to mediation and my appraisal rating was set up my my manager so that I fail
Customer: replied 23 days ago.
I know from past experience of bulling and my grievance/appeal that they have no intention of working resolving an employment dispute, I asked acas if I could change management, but this was refused.
Customer: replied 23 days ago.
I know I am in the danger zone, the PIP will not be in my favour, and result in more anxiety and stress, I have also asked for a subject data access request, in sept , which they have extended it until December. Is there anyway a tribunal case will suspend a PIP, whilst I look for another job. My employer particularly HR, will not admit to mistakes in 2018,neither do seem to care about OCP.

please see my last message above - you have to post a brand new question for further support please