[access-uk] Re: Disability Discrimination case successful

  • From: "George Bell" <george@xxxxxxxxxxxxxxxxxxx>
  • To: <access-uk@xxxxxxxxxxxxx>
  • Date: Sat, 5 Apr 2008 13:37:05 +0100

Don't worry, Andy.  The insurance company will be just as
hacked off, and in fact probably have more influence than
rate payers anyway.

At the end of the day, the insurance premium will doubtless
rise, and at the end of the day, the rate payer will still
pay.

George.

-----Original Message-----
From: access-uk@xxxxxxxxxxxxx
[mailto:access-uk@xxxxxxxxxxxxx] On Behalf Of Andy Logue
Sent: 05 April 2008 13:00
To: access-uk@xxxxxxxxxxxxx
Subject: [access-uk] Re: Disability Discrimination case
successful

Hi George.

They simply claim against their litigation insurance policy.
Nothing 
changes!  I'm still the bad one, this is why they appealed.
Not able to 
accept responsibility I'm sure.  Makes me wonder though,
what about an 
application from another disabled person?  Once bitten, so
to speak.  If 
they are not fully accepting responsibility and still
blaming me, then 
nothing has really changed.  This is why I'm keen to see
what the newspapers 
say.  Heads will not roll however.  Give it another 100
years eh?

Best wishes.

Andy.



----- Original Message ----- 
From: "George Bell" <george@xxxxxxxxxxxxxxxxxxx>
To: <access-uk@xxxxxxxxxxxxx>
Sent: Saturday, April 05, 2008 12:40 PM
Subject: [access-uk] Re: Disability Discrimination case
successful


> Given the circumstances, Andy, "congratulations" hardly
> seems the right word here.
>
> However full marks for pursuing the matter which, I hope
is
> a lesson to all that such action can in fact result in a
> positive outcome.
>
> The payment may indeed only amount to around 2 years
salary,
> but for that, the Local Authority will have to answer to
> their rate payers.
>
> Frankly the suggestion that the amount involved should be
> deducted from the salaries of those involved would seem to
> be a reasonable suggestion.
>
> George.
>
> -----Original Message-----
> From: access-uk@xxxxxxxxxxxxx
> [mailto:access-uk@xxxxxxxxxxxxx] On Behalf Of Andy Logue
> Sent: 05 April 2008 10:29
> To: access-uk@xxxxxxxxxxxxx
> Subject: [access-uk] Disability Discrimination case
> sucessful
>
> Hi all.
>
> A year or so ago I wrote to the list seeking advice re a
> possible disability
> discrimination case that I was thinking of taking against
my
> local
> authority.  As I received loads of advice and support I
> thought that I'd
> write and let you know the outcome.
>
> I was successful in an application for the post of social
> worker with my
> local authority in January, 2005.  I contacted Access to
> Work and the RNIB
> and was assessed as requiring I.T equipment and 24 hours
per
> week personal
> assistance.
>
> My original start date was cancelled, and I was given a
new
> start date.  To
> cut a long story short, by May of that year I was not yet
in
> post, despite
> being given several start dates, which ended up being
> cancelled at the last
> minute.
>
> My employers were determined to have all my adjustments in
> place and up and
> running before they would allow me to commence my work.  I
> was not paid for
> this period despite attending for many meetings, including
> undertaking a
> full day training course in Glasgow, on Care First.
>
> In May, after my hopes of starting were dashed again, I
> walked out of yet
> another meeting and contacted a Lawyer.
>
> I shortly received a letter from my employer advising that
> they were sorry
> to hear that I no longer wished to work for them and
wished
> me all the best
> for the future.
>
> I wrote a grievance but was told that as I was not in
post,
> then I was not
> an employee and therefore, no action was going to be taken
> concerning my
> complaint.
>
> The Disability Writes Commission stepped in and supported
me
> throughout a
> difficult and protracted case.
>
> The outcome was that the Employment Tribunal in Glasgow
and
> the Appeals
> Tribunal in Edinburgh found that I had been discriminated
> against in four
> counts and that I was constructively dismissed.
>
> I was due to attend a Remedies Hearing to decide the
amount
> of compensation
> that I would receive, but before this occurred, my local
> authority, perhaps
> fearing a massive bill, offered me £57,000.  I accepted
this
> of course.
>
> So this is a good outcome for me, however, I still feel
> robbed and abused.
> The cash is very nice but only represents two years
salary.
> The really nice
> thing is that any day now my local authority are going to
be
> reading just
> how badly they treated me in the press, so perhaps they
may
> review their
> equal opportunities policy and actually start thinking
> seriously about
> social inclusion.
>
> This has been a difficult journey for me but I feel that
as
> disabled people,
> we must fight back when we know we are being treated
> differently or
> unfairly, simply because we happen to be blind.
>
> So I'd say to anyone who feels that they are or have been
> treated unfairly,
> to contact a lawyer and get their advice.  Many legal
> offices do not charge
> for the first meeting and they can tell you if your gut
> feelings are right
> and they can also contact bodies such as the Disability
> Writes Commission
> for funding of your case.
>
> Best wishes.
>
> Andy
>
>
>
>
>
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