[access-uk] Re: Disability Discrimination case sucessful
- From: "martin wilsher" <m.wilsher@xxxxxxxxxxxxxxx>
- To: <access-uk@xxxxxxxxxxxxx>
- Date: Sat, 5 Apr 2008 19:27:56 +0100
I never said funding wasn't a problem, indeed, it is this which puts most
people off taking cases to court, so when it does happen, the employers are
that much more taken by surprise. This is another reason why in my opinion
some employers think they are more likely to get away with discrimination.
Say one thing, do another. So the funding issue made Andy's successful case
even more of a challenge, for he had to go and put his case to the DRC as it
was then. If they said, no, we won't fund, then the case might not have
come to court in the first place. I just hope the offending authority was
made to pay his legal costs as well as their own and the settlement for Andy
too.-----Original Message-----
From: access-uk@xxxxxxxxxxxxx [mailto:access-uk@xxxxxxxxxxxxx] On Behalf Of
Dean Wilcox
Sent: 05 April 2008 17:57
To: access-uk@xxxxxxxxxxxxx
Subject: [access-uk] Re: Disability Discrimination case sucessful
How would you fund such a legal challenge though? That's a problem for
most. .
At 17:52 05/04/2008, you wrote:
>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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