[access-uk] Re: Disability Discrimination case sucessful
- From: "Wendy Sharpe" <w.sharpe@xxxxxxxxxxxxx>
- To: <access-uk@xxxxxxxxxxxxx>
- Date: Sat, 5 Apr 2008 15:25:30 +0100
Andy
Many thanks for sharing this, and congratulations. From your description it
seems as though the Local Authority were so afraid of putting a foot wrong
that they put both feet in up to the elbows. Their wish to have everything
in place before you started work seems to indicate an over-cautious
approach, and I do wonder whether the DDA, health and safety regulations and
other legislation has produced this result.
The problem is that, once you have been through the Courts with an employer,
you are either not likely to want to work for them, or they won't want to go
through any more hoops trying to employ disabled people.
I certainly agree that we should fight our corner, as otherwise no
improvements will ever be made, but it must have been very distressing for
you, and probably for the other people involved.
Wendy
-----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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