[access-uk] Re: Disability Discrimination case successful
- From: "Ankers, Dave (UK)" <Dave.Ankers@xxxxxxxxxxxxxx>
- To: <access-uk@xxxxxxxxxxxxx>
- Date: Mon, 7 Apr 2008 09:01:28 +0100
It often happens that an employer settles up out of court. Did the lawyer
believe a higher or lower amount would have been awarded in court? I suppose it
would depend on just how much damage all the media attention would cause to the
employer involved, as to how much they would be prepared to pay to keep it
quiet.
Dave
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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