[access-uk] Re: Disability Discrimination case sucessful
- From: "martin wilsher" <m.wilsher@xxxxxxxxxxxxxxx>
- To: <access-uk@xxxxxxxxxxxxx>
- Date: Sat, 5 Apr 2008 17:52:14 +0100
Hi Andy:
As your case has demonstrated, the DDA is the see you in court act, as I've
always said. Good on you for taking the local authority to court, I'll bet
the biggest shock they had was that you actually did take them to court. I
think, rather than employing disabled people, those employers who
discriminate would much rather not employ us, and when they discriminate and
it's taken to court, and they lose, they'd much rather pay out than change
their practise and employ disabled people. The DDA is an act which seeks to
change the hardest things of all, attitudes. As you say, the attitude of
the majority is "Disabled people? In employment? What? How? Impossible!
they are a problem!" Good on you for taking this authority to court. I'm
sorry you were discriminated against, for the way you were lead around the
houses then dumped is the worst example of disgusting treatment by an
employer. I wish you all the best for the future.
-----Original Message---
From: access-uk@xxxxxxxxxxxxx [mailto:access-uk@xxxxxxxxxxxxx] On Behalf Of
Andy Logue
Sent: 05 April 2008 16:00
To: access-uk@xxxxxxxxxxxxx
Subject: [access-uk] Re: Disability Discrimination case sucessful
Hi Wendy.
I agree with you 100%! I wonder just what difference it will make to other
social work students, who happen to have a disability and who apply for a
post with this local authority. My bet is that they will get an interview
but most probably will receive a letter advising them that their application
has been unsuccessful. If I received an apology from the Director of Social
Work and an assurance that their anti-discriminatory practice was going to
be reviewed, then I'd perhaps have other thoughts, but as I've not heard
anything like this, then my gut feeling is that rather than make things
better for disabled people, I have simply helped these people continue to
discriminate. Shame eh? As you know, disabled people make very good
employees. There is loads of stuff written about employing people with
special needs. The fact that they have actually secured a job in an able
bodied service is enough to encourage good attendance and job retention. In
addition, it looks good for the employer also to have disabled people on
their staff. But we cannot get away from attitudes which see disabled
people as a burden rather than an asset.
Best wishes.
Andy.
----- Original Message -----
From: "Wendy Sharpe" <w.sharpe@xxxxxxxxxxxxx>
To: <access-uk@xxxxxxxxxxxxx>
Sent: Saturday, April 05, 2008 3:25 PM
Subject: [access-uk] Re: Disability Discrimination case sucessful
> 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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