[access-uk] Re: Disability Discrimination case sucessful
- From: "martin wilsher" <m.wilsher@xxxxxxxxxxxxxxx>
- To: <access-uk@xxxxxxxxxxxxx>
- Date: Sat, 5 Apr 2008 18:00:47 +0100
Andy:
This is in no means a reflection on your abilities as a social worker. It's
every reflection on the willingness of the local authority to abide by the
law. If you are the right person for the job, you dam well get offered it,
which you were, then you do your job, which you were willing to do to the
best of your ability. I believe, from your description, that the local
authority were using the excuse of having everything in place for month
after month to delay the process of employing you, then when they could not
delay it any further, they dumped you. This is indeed illegal, as the
tri-buneral ruled. This is completely, and totally, a failing of the LA in
my opinion, and not of yourself, though I fully understand your feelings.
From: access-uk@xxxxxxxxxxxxx [mailto:access-uk@xxxxxxxxxxxxx] On Behalf Of
Andy Logue
Sent: 05 April 2008 15:29
To: access-uk@xxxxxxxxxxxxx
Subject: [access-uk] Re: Disability Discrimination case sucessful
Hi David.
Thanks for your nice thoughts.
I'm afraid the process has killed-off a lot of my confidence David. Cannot
quite put my finger on it but I really do think that my career as a social
worker is over. I just don't feel like I could do the job any more, which
is strange as I loved my job. The protracted and challenging nature of my
case has probably undermined the confidence which I had in abundance. I
cannot think of the exact moment, just find myself feeling like I have
nothing to offer and fearing having to go through a similar process again.
People like me should be head-hunted, not forced to beg for a chance, if you
know what I mean. I suppose there were no winners in this case. If the LA
had let me start, then I'd have a job. I would have been a positive role
model and the LA would be able to point me out and say, Yes, we are
concerned proactively with social inclusion. Instead, the LA look bad, I'm
no role model to other disabled people and I have no job. Strange world eh?
Best wishes.
Andy.
----- Original Message -----
From: "David Quarmby" <quarmby@xxxxxxxxxxxx>
To: <access-uk@xxxxxxxxxxxxx>
Sent: Saturday, April 05, 2008 12:38 PM
Subject: [access-uk] Re: Disability Discrimination case sucessful
> Congratulations Andy; extremely pleased you won your case but disappointed
> that it had to come to that . Wish you all the best in finding some other
> suitable employment.
>
> regards
> David Quarmby
> quarmby@xxxxxxxxxxxx
> 07736 087019
> Inclusive Design means that all products, services, environments etc.,
> should be accessible and usable by the majority of people to the greatest
> extent without the need for any adaptation or specialist design.
> ----- 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 successful
>
>
>> 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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