Hi Jackie.
Thanks for your nice thoughts, but unfortunately, I don't think that my
local authority have in any sense, began to accept responsibility for
their actions. All the way through my case, there were suggestions and
hints of fraud on my part and I was really beginning to think of the
mistakes I made. These people are so clever and so determined that's it's
easy to end up the culperate. However, I think in my case, the Judge at
the Appeals Hearing could see through this, so came down on my side. I'd
love to think that my action has made things better for any other disabled
person wishing to work with this employer, but I cannot put my hand on my
heart and say this. Most probably, they are more likely to discriminate
more, not wishing to be bitten again. Anyway, it's all over and I'm
grateful for that.
Best wishes.
Andy.
----- Original Message -----
From: "Jackie Cairns" <cairnsplace@xxxxxxx>
To: <access-uk@xxxxxxxxxxxxx>
Sent: Saturday, April 05, 2008 11:26 AM
Subject: [access-uk] Re: Disability Discrimination case sucessful
Andy, well done you, even though I can imagine how hard it must have
been, how frustrating and, how stressful.
Congratulations on the outcome, and fingers crossed those involved learn
from your determination and ability to overcome discrimination. I'm sure
I can wish you all the best for any future plans from all on the list and
beyond.
Jackie
Email: cairnsplace@xxxxxxx
Skype Name: Cairnsplace
----- Original Message -----
From: "Andy Logue" <andy@xxxxxxxxxxxxxxxxxxxxxxxxx>
To: <access-uk@xxxxxxxxxxxxx>
Sent: Saturday, April 05, 2008 10:28 AM
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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