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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