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employment discrimination

WilliamHWilliamH Member Posts: 3 Listener
edited May 2019 in Employment and careers
Hello people. Don't want to be defined by my disability but it seems to be an unavoidable fact especially when attending job interviews. Not so much the elephant in the room as the elephant sitting on the table. So, I am registered as partially sighted and I am also hearing impaired. I am interested in hearing about the experiences of people who have been subjected to employment discrimination and how they have managed this or not as the case is more likely to be.

Replies

  • Antonia_AlumniAntonia_Alumni Scope alumni Posts: 1,781 Pioneering
    Hi @WilliamH welcome to the community ;) How are you doing today?

    Some of our members will relate to this, which should not be the case at all. We have some advice  on discrimination at work. You may also like to join our visual and hearing impairments discussions group

    If you are interested, there's an opportunity for people to share their experiences, with facing discrimination at work. 

    If you have any questions, please let us know :)
  • robt1066robt1066 Member Posts: 33 Courageous
    If you have any general queries re employment discrimination I suggest you contact the EASS on  0808 800 0082. They offer excellent, free guidance. 
  • dolfrogdolfrog Member Posts: 440 Pioneering
    I went through years of disability discrimination in the work place back in the late 1990s and early  2000s.
    I have auditory processing disorder, a listening disability, or my brain having problems processing what my ears hear. 
    This is also the underlying cognitive cause of my dyslexia symptom. 
    I was first identified as being dyslexic before I started the job in question, which was recommended to me as the owner of the company is a well know dyslexic. However the staff at the local branch of the company were not supportive, more the exact opposite. 
    They had to close the local branch to make me redundant before the 2005 legislation came in to force, all the other staff were transferred to other branches.
    As i result of this I went through Post Traumatic Stress and was on medication for months afterwards.
    Despite some very good support from some local support workers I never got back into full time employment. 
  • mike1mmike1m Member Posts: 10 Connected
      I am dyslexic my dyslexia was not diagnosed until 2011 I am age 50 now  and I have  processing disorders and cognitive  which I didn’t realize how bad they were until recently And I have now realized that not getting a diagnosis early in life makes it more difficult to deal with later in life.   (What are peoples thoughts on this)
     
    I have been working in education for 20 years.
     I have been discriminated against by a individual for nearly 10 years it has all come to ahead this last couple of years  as we just had a new manager who became very friendly with the guy that was bullying and discriminating. 
      Previously I was allowed to give feedback to students electronically   I was stopped from doing this and had to hand write in front of the learners  I tried to  informally sort this out but in the end I had to put in a grievance on bullying and discrimination. 
      Unbeknown  known to me  I was being set up for malpractice.
     Once  a cot 3 was put  in place which was only for reasonable adjustments.
    At  this time the malpractice was into the department as soon as the cot 3 was finalized the investigation turns solely on me although the malpractice that was being committed was a management issue and all the staff  were committing the wrongdoing due to lack of resources. 
     There was actually malpractice committed by the quality department as they were  carrying out the investigation into me as they were hiding it from me and manipulating evidence  and witnesses. 
     When the findings came back for the malpractice it was a written warning which my employer tried to hide from me so they could appeal the decision to make he Harsh sanction  which the governing body decided to reconvene the panel rather than start a new appeal and then I was default for 12 months  this is something that has never happened in the industry. 
     I some subsequently appealed with lots of evidence but it just got shut down 
     Then I find that my grievance which was evidence-based I was told that there was no case to answer a part from my line manager refusing to put reasonable adjustments in place for me. 
     My grievance has now been turned into a disciplinary where they have no evidence and I have now been dismissed for bullying I feel that they have used my traits as a dyslexia in the disciplinary. 
     Throughout this whole process of being suspended for a year and going through three investigations not one of the investigations has been fair and impartial signatures have been forged and evidence has been manipulated on all  investigations  it is incredible how an industry in this day and age can get away with so much wrongdoing  Open till 2017 18 I had a totally unblemished record and  no complaints. 
     And I am now very   Worried how I am going to get another job 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Good afternoon @mike1m and welcome to the community.
    I have to say I'm really sorry to read your post. Your experience sounds appalling. Can I assume you're receiving advice about this? Have you contacted ACAS or Equality Advisory and Support Service.

    Please remember that we also have a range of free employment services here at Scope if you have need of support when looking for work.
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • mike1mmike1m Member Posts: 10 Connected
     The union didn’t take it very serious to start with  that’s why the cot3 3 got messed but after that it seems that my employer has been able to do what they want  ACAS got involved a second time but my employer refused to deal with them.  
    The union are taking it more serious now and can see how bad things have been but it is now too late. 
    It seems  long as certain boxes are ticked there nothing anybody can do Even though I have all the evidence.
    I don’t even think I will be able to take them to the tribunal and get the real truth out.  
    The whole process has been incredible and I don’t know how I’m going to get employment again 
  • robt1066robt1066 Member Posts: 33 Courageous
    Based on what you say it would appear that you should be well within the statutory timeframe to submit a claim to the employment tribunal for both unfair dismissal and disability discrimination. Don't know any of the real facts, but a combination of ACAS, EASS and your Union should be able to help you and at no cost to yourself. If you have a good case many employers look to settle out of a tribunal setting and most importantly you can agree a form of wording for a reference which should in effect allow you to help restore your hard earned reputation. 
  • mike1mmike1m Member Posts: 10 Connected

    This is some of the  email that I have just had from the union 

    I hope I’m ok putting this on? It might explain better than I can? 

    I have had a long conversation this morning with the solicitors and have forwarded them just about all the information including grievance and JCQ report .They will likely come back Mon / Tues. As discussed I think you are up against it in terms of getting this to tribunal 

     The appeal 

     we need to point out that malpractice was almost inevitable in relation to cost cutting availability of materials and think about how we credibly apply this to your appeal and the allegations.  Same for your disability or indeed the common practices that took place within the department. The bullying allegations will also need to be strongly countered  

     

  • robt1066robt1066 Member Posts: 33 Courageous
    I am a tad confused re what issue we are looking to address here.

    The post was started by WilliamH re employment discrimination, but mike1m now seems to be the subject of the post, and his case appears to be as much about a potential unfair dismissal case with a potential disability discrimination as an additional claim. Is that correct?

    When mike1m says above .... "As discussed I think you are up against it in terms of getting this to tribunal " - to whom are you referring? It is very, very easy 'getting' a case to an Employment Tribunal - winning the case is more of a challenge, but most employers do their utmost to steer clear of employment claims that may have merit because of the potential reputational damage, unrecoverable legal costs to defend the case and hours of lost management time (which usually involves trying to cover their tracks). 

    Incidentally who is your Union and is it their solicitors who you are dealing with? Most Unions use Thomsons Solicitors, or DAS Law, both based in the SouthWest. 
  • mike1mmike1m Member Posts: 10 Connected
    Hi I did mean for this to go the way it has although the  any advice is helpful I have been told  thompson’s will only take on a  I case if there’s over  80% chance of winning  under task to be on the process not what is right or wrong  which is hard to take in but if that’s the advice from the union there doesn’t seem to be much I can do but I will  explore any Avenue I can ? 

     The main reasons for me  joining this forum  was one to get my story out   And also to get advice on dealing with my disability. I have  realized that I have not been  dealing with my disability  Very well  as dolfog  pointed out   The underlying cognitive problems with his dyslexia  Which is something I’ve just started to realize that I probably have so I’m trying to understand more so I can hopefully make more sense of my  disability I was diagnosed dyslexia  late in life  so have probably not developed the  coping skills  That would  probably help I also think the  environment I was in didn’t make it any easier  as there was not much empathy. 
    So now in moving forward 

     hope I’ve explain my self better? 
  • robt1066robt1066 Member Posts: 33 Courageous
    OK. Well, I know of Thompsons by reputation and the truth is that they have to foresee a >50% chance of success, but as any estimate is subjective then they may often downplay the likelihood of success. If you are not interested in applying to a Tribunal then just leave it, but even if you indicate that you intend to pursue a claim you can pull out, at no cost, at any time. 
  • mike1mmike1m Member Posts: 10 Connected
    I will take it all the way if I can I’m not going to have the money to take it on my self so I hope the union will come through I feel that the Evidence that I have is strong but is they have refused to hear my grievance and turn it into a disciplinary with no evidence..!!

    “It is important to note that an employment tribunal does not have to consider whether you were actually guilty or innocent of the misconduct- but whether your employer had reasonable grounds for believing that you were guilty.

    Once the above tests have been satisfied, your employer would then need to further satisfy an employment tribunal that it acted within the “range of reasonable responses” in treating the misconduct as a sufficient reason to dismiss you. A tribunal will not be substituting its own view, or whether it might have reached a different decision. The tribunal will, however, consider whether your employerobjectively acted reasonably in both the decision to dismiss (which should take into account whether or not you carried out the misconduct), together with the extent of the investigation.

    In determining what is reasonable, it may be, for example, that demotion or a final warning is a more appropriate and proportionate sanction, taking into account your length of service and the nature of the misconduct.

    What does and does not amount to “reasonable” is going to vary on the individual facts of each case. It is wise to obtain early professional advice.

    Does your employer have to dismiss all employees who have committed the same misconduct

    It feels like victimized now but again the union doesn’t want to go down that road ether? 

  • robt1066robt1066 Member Posts: 33 Courageous
    If you want to send me a private message detailing exactly what happened and how it came about that you were dismissed then I'd be happy to consider your position. Also need dates and reasons why you may also feel that you were subject to disability discrimination. Also the pl spell out the nature of your discrimination and was your employer aware of your disability?  

    The above information you have sent is all well and good, but a case boils down to the facts and evidence. 
  • mike1mmike1m Member Posts: 10 Connected
    Ok how do I sent you a  private message ? 
  • robt1066robt1066 Member Posts: 33 Courageous
    If you give the helpline a call tomorrow then they should be able to set up that facility for you. I think it's best to use a private message because there's always a risk that somebody from your employer's staff may monitor the Scope forum to gain an insight into the reasoning behind your case on a public forum.  


  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    edited September 2019
    Hi @mike1m, you need to earn 25 points on the community to send a direct message. You can earn these points by commenting on posts. How are you doing today?

    Community Partner
    Scope

    Tell us what you think?
    Complete our feedback form to help us to improve your community.
  • mike1mmike1m Member Posts: 10 Connected
    Ok thank Choe 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    edited September 2019
    Hi @mike1m. You now have the required points so should be able to send Private Messages. To do this, near the top of your screen you'll see four little buttons (globe, envelope, banner and a cog). If you press the second one along (the envelope) there should be an option for 'new message'. Once you press that, you'd type in the recipients name and you should be able to private message them directly.
    I hope that helps. :)
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • mike1mmike1m Member Posts: 10 Connected
    edited September 2019
    sorry I can’t find it ?  
  • robt1066robt1066 Member Posts: 33 Courageous
    Hi mike1m. I've sent you a private msg; If you click on your username it will take you to your own homepage and on the top RHS it should indicate 1 new message in your private inbox. 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hi @mike1m. Hopefully you’ve seen @robt1066’s message to you and be able to reply. If not let me know and I’ll see if I can give better instruction. 
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Did you manage to get on it @mike1m? :)
    Community Partner
    Scope

    Tell us what you think?
    Complete our feedback form to help us to improve your community.
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