[access-uk] Re: Disability Discrimination case sucessful
- From: "Ray's Home" <rays-home@xxxxxxxxxxxxxxxxxx>
- To: <access-uk@xxxxxxxxxxxxx>
- Date: Sat, 5 Apr 2008 15:57:15 +0100
Um, it does sound to have been a complicated history of errors and I
don't know what else. was going on here.
In the vi-gen discussions some of us came to the conclusion that health
and safety legislation can be a barrier to employment now, and
especially if employers have twigged the fact the H and S legislation
can over ride the DDA so relive employers of the necessity and burden of
employing disabled people, should they choose to use H and S in this
sort of negative way. Just speculation, or fact?
In your case though it would appear you did get the job, and some how H
and S and maybe GDBA screwed up .
Very unfortunate outcome, even if you are fifty-odd K better off now.
From Ray
I can be contacted off-list at:
mailto:ray-48@xxxxxxxx
-----Original Message-----
Andy
Subject: [access-uk] Re: Disability Discrimination case sucessful
Ray.
As usual mate, I could not agree with you more. I'm afraid to say that
my
action has most probably made things worse,rather than better, given how
much they struggled all the way to the Appeals Court, and how much they
tried to damage my good name.
Regarding the Risk Assessment. Shortly after being offered the post, I
was
asked to attend the office and meet with a Health and Safety officer,
who
incidentally, did not have a clue about disability. As I was fearful of
some form of discrimination, I asked Guide Dogs to provide orientation
support to me and awareness to my employer, so on the day of my meeting,
a
rep from GDBA was present to offer professional advice, to me, in terms
of
getting about the office block, and to my employer about how blind
people
orientate and keep safe.
Anyway, the Health and Safety Officers recommendation was that as I was
a
blind person, I could be a problem, in the situation of a fire, and
recommended that I be located on the ground floor. This decision led to
the
whole Community Care staff, some 10 in all, being re-located downstairs.
So even before I started, I was a problem to the department. Not a good
start and boy does it not undermine your confidence. I suppose from
that
point onwards, my trust in them and their faith in me simply
deteriorated.
So much for equality eh?
Andy.
----- Original Message -----
From: "Ray's Home" <rays-home@xxxxxxxxxxxxxxxxxx>
To: <access-uk@xxxxxxxxxxxxx>
Sent: Saturday, April 05, 2008 1:19 PM
Subject: [access-uk] Re: Disability Discrimination case sucessful
> Andy, glad you persued this case, but I fear the wrong lessons just
> might have been learned by the local authority, i.e. how better to
keep
> a disabled person out of a job in future! Sorry folks, but I'm a
> cynical sort. You have to wonder how much you might have got had you
> taken the case further.
>
> One thing though Andy, wasn't there a Health and Safety issue they
> brought up that stopped you from taking up the post? I ask because
this
> has come up on vi-gen and your experience would be good to cite there
if
> you were agreeable to this.
>
> Anyway, congratulations, or whatever the right word is.
>
> Cheers,
>
> From Ray
> I can be contacted off-list at:
> mailto:ray-48@xxxxxxxx
>
> -----Original Message-----
> Andy Logue
> 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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