Taking my Employers to Tribunal for Disability Discrimination

cupcake88

Hi there ever one  Hope every one is doing ok Im new to this Forum I have ptsd , Ocd , Psychosis and anxiety I have suffered with it for 5 years and its got worst and worst . Im a Domestic abuse survivor  due to the trauma I experienced I became very ill I havent been able to work properly for years . Im so lucky I have a amazing partner now who really looks after me Im blessed other wise I dont know where I would be . I have been under the criisi Team and now Im under the mental health community Team . Because of my partners income I wasnt entitled to any benefits but I applied for pip months ago and now waiting to hear from them it was the crisis team that helped me with all of that as when your ill you dont have the patience for stuff like that . Im on sertraline and quaitapine I thought I would go back to work part time caring or the edlerly I only wanted to do like one or 2 days as I havent been in work for ages.

To cut a long story short I was offered the job and was given 48 hours and told I had to do them they refused to let me have time off for my nurse and I said well I cant start then then they agreed I was there for 8 weeks and I had to deal with grown adults reffering to me as mentally retarded the staff and management had bets on who can get make me panicked enough that  I would have a panick attack the owners were very much aware of this, The manager told me that she  could cure my mental illness its all in my head, 

They failed to make reasonable adjustments , Two members of staff which one was male corned me into a room staring at me honest it was really unreal what I expirienced there I didnt deserve it I worked very hard  there and people were determined to make me ill. 

I decided to do some night shifts because theres less horrible staff about so I was having a good shift until one of the members of staff was showing me some thing on her phone and on her iphone there night chat group chat popped up I have never worked with staff at nights jsut seen them in person and the night supervior had said good luck your working with that girl from days who whos a schizo weirdo and they were all laugh in it well the girl whos phone I saw it on was so embarassed she actually left the group chat . The owners were told bout that again nothing was done bout that . 

That day I arrived home after my shift shaking and I was really not well mentally so my partner rang in sick for me and they were nice as pie on the phone to him then when I returned to work the 2 days there was a meeting so I thought it be to discuss what had been going on but basically it was using my illness against me I was there furthered discriminated againsr by the manager I was told I could not call in sick for mental illness again  . when I got home I wrote a detailed email to the owners I was actually brave and explained Im a survivor of Pysical and Sexual abuse and the truama left me mentally disabled I mean they were aware of my illness right from the start but I went into more detail and do you know response I got basically the owner emailed me statting they have no time to discuss my mental health they said they tried to understand but they dont and they cant be having emails they reminded me Im on  a trial for 13 weeks and how I need to work and not mention my health again I then decided I didnt want to return to work for people like that so I sent them a email saying they should read the eqaulity act 2010 and I was there further Insulted because of my disability when I went to reply she had then blocked me on all the owners and admis and Hr emails and claimed they didnt this made it very had to collect my final pay I sent a writtten 10 page grievence to them with all times and dates and edvidence and the Hr sent me a letter saying she would respond in 90 days she said it didnt look important so I was like there taking the mick so I started Acas with them and they bsically wasted a whole month they keot saying they was thinking bout settling out of court but I knew they were just messing about so I spent that month dratfting up a write up for the Et1 form for what you fill out for tribunal so when there month of time wasting was up I didnt waste any time with filling it in they also told me Acas advisor that I had put down the wrong place of work which again is lies trying to bide them selfs extra time I put there company name whats on my p45 and payslips see they think there clever they have done nothing but try and lie there way out of things and delay and mess about and its wrong to think these are people in the care sectior as well. 

No solicitor does no win no fee for these things so Im going to have to represent my self which I dont think Im even well enough to do especially if they have some swanky lawyer but its a matter of principle its bout standing up for whats right . has any one ever taken a work place to tribunal for disability Discrimination. 
any advice or words of support would be great . 

janer1967

Hi and welcome, I am so sorry to hear your situation and I am glad you are standing up for yourself.

I have been to tribunals but on the other side representing the company as HR Manager.

Do ACAS not represent you I always thought they did this and also there are solicitors about who specialise in employment law and offer no win no fee again ACAS should be able to advise.

A tribunal can be daunting and yes if they have a lawyer, but I would suggest any lawyer representing them would have been told they dont stand a chance if your evidence is strong but they probably have a group company lawyer.

There is no harm in representing yourself as you know more about what happened to you you just dont have the legal knowledge they do 

I will tag in another member who is more expert on legal aspects and can maybe give more advice @Username_removed can you help 

cupcake88

Thank you so much for your reply that was so helpful . Basically acas don’t. Take sides they said . They don’t really provide any legal advice . I messaged my local mp and she responded with some numbers of free law advice you find people give free advice but they do not do no win no fee . One place told me that I had a good case but because I have only been there a month the most I could get would be around the 15 k mark and there fees would come to yen so it wouldn’t be worth it . I have called citizens advice they can’t help , I did get some law advice I might write to my mp again but I don’t really see how that would make a difference . I have times and dates written down , I have edvidence that they treat staff with physical illnesses better than ones with mental illness , they have never acknowledged any of my complaint in fact there HR told me she would respond with in 90 days knowing full well it’s 14 days ,

they wasted a whole month wasting time so I filled out the et1 form and then im
guessing they will be sent a copy of that because I had to attatch it on a file does the tribunal then print that out ? For the respondent ? Because I’m guessing they will have to see what I have said I just hope the tribunal don’t struck my claims out I hope they will allow me to be heard .

do places usually settle out of Court I don’t think these will at all . 

janer1967

Yes it is quite common to settle out of court if they dont think they will win as it could be cheaper for them and also to preserve their reputation 

It seems you are pretty switched on so I think you will give a good case 

Have Acas acted as a mediator at all ? 

cupcake88

Yeh they contacted them a month ago to ask if they wanted to take part in early colsiliation they  spent all month saying there think bout it . Think there clutching to straws by trying to say I have the name down wrong I have there company name down they only have two homes so they prob don’t want that as if it goes to tribunal there be google able . 

Litterally im staying really focus it’s made me ill but I think there trying to get me to give up if that makes sense . How long does it usually take to get to court ? And by your experience do you know at what point company’s settle out of court do they usually leave it up to
last minute ?

janer1967

Sorry I'm not sure of court waiting times and no doubt they will be suspended at present so could be long wait 

Yes I have seen them settle at last hour but this isnt in their best interest as they will have to do all prep work in case you refuse the settlement 

I have no doubt they are hoping you give up but once they get the ET1 they will realise you are serious 

cupcake88

Apparently they are still doing hearings via video call I think but still there prob be a huge wait I did say in my claim that they have had loads of time and if they ask for a extention can it be denied . Thank you so much for your help . If any one has any experiences with taking that's employed to tribunal that be so useful . Yeh my friend took her employer to tribunal for maternity pay and they made a settlement like a week before but she asked for quite a bit from them . I would of thought hr and owners get worried when they see acas has contacted them so I can't see them taking the et1 form serious at all . Correct me if I'm Wrong but from what I have read the hr will be trying to get the company out of the mess they have caused and to be it seems like there clutching at straws . Don't they have to prove that what I'm saying didn't happen ? Or that they took the correct steps . Which they have done nothing but lie and delay things so I'm Hoping that will go against them . They have done so much to staff over the years made racist comments ect loads of things they sack people when they whistle blow I have no idea how they have got away with it

janer1967

Yes HR will be trying to get them out of trouble if they have policies in place like time to respond to complaints then they have to show they followed them and if not why not so may be worth getting copy of their policies 
I hope others can help I know there have been few posts recently so have look on the site cant remember who posted but I have responded to few but non that have gone to court as yet 

cupcake88

Thank you so much I can’t thank you enough for all your help . I was looking on the gov website because you can read bout tribunal cases that have happened and a lot of the disabilities ones the person has withdrawn the complaint I’m guessing that’s because they have reached a settlement 

cupcake88

Thanks so much for your help I’m so greatful . I’m just worried there gonna try and this thrown out and I hope not I didn’t send any edvidence off because it didn’t say I had to show it yet . But the fact there trying to do every thing to get them selves out the situation I’m just worried instead of actually investigating it there gonna try and look for faults in my application . I just hope the tribunal give me a chance to voice my opinion . It must cost companies a lot to defend a tribunal . 

janer1967

Yes the withdrawn complaints will be those settled out court 

Dont forget the tribunal dont expect you to have legal knowledge they will just be interested in making sure there is valid reason for complaint and a breach in law

It isnt for them to investigate it's not criminal law it's both sides responsibility to put their own case forward and for court to determine if a breach had taken place 

Your most welcome I dont think I have helped much but have tried 

cupcake88

This is extremely helpful and I’m sure other people will find it useful . I’m not sure how much of it I can discuss if it goes to a tribunal or if I settle out of court but I’ll do my best to keep every one updated . 

I do think to my self do I really wanna be doing this is it worth it and I think it is because it shows I’m standing for some thing . When I was filling out the form it asked if I wanted to add any thing and I basically wrote that I’m a survivor of abuse and have suffered with trauma that has mentally disabled my life and it’s soul destroying to think a company can treat ion like that my mental health has taken a huge dip again and a set back which again I can prove .

well as long as I don’t have a cross examine any one or ask them questions I’ll just present my facts my partner thinks there gonna settle out of court I don’t think they will at all even if he means that they will be exposed for what they do . My partner said that there not gonna want residents family members going to watch or it ending up in the papers .  And loosing money . Even if I do loose at least I can hold my head up
high 

janer1967

Hi again 

You wont have to cross examine that is for the tribunal to do mainly 

You will present your case and answer further questions

I haven't dealt with a disability case at tribunal but thinking logically you may have to evidence you have a disability and that you made employer aware of it . As well as all the evidence you have about what happened and your communication and complaints you made to them 

That would be good starting point 

Good luck hope you get it sorted 

cupcake88

On my orginal form it said do you have a disability I ticked in between yes and no because I think part of me was worried I'll be made fun off which happened any way how ever I did put down that I suffer with acute mental illness that really affects my life , I also spoke to the owners via email about my mental illness so they new . And in the offensive email the owner sent me stated she knew and didn't care and didn't have the time . My doctor had given me a list of medication I'm on as proof and I have my past and present care plans to prove I'm ill . I mean there's a chance they will have staff go as a witness against me but I don't think many staff would want to do that I do have a witness they actually sacked her for whistle blowing . She witnessed alot of the stuff that happened to me .

janer1967

That's good then 

Keep me updated would be very interested to know how it all progresses

cupcake88

I’ll do my best to
update you unless I have to sign any thing to say I can’t discuss it but currently it looks like it’s on it’s way to Tribunal which they post up online . I’m really nervous bout it because I don’t really wanna see them again and hear there rubbish nor do I wanna see what there response be aload of lies . 

I think acas can still get involve if they want to ask them to approach me for a settlement but I just don’t see them doing that .there reasonable decent people . Iam very organised I have a full folder of edvidence so I think I should be ok 

cupcake88

I thought I would just also write I just called my local mps office again because I would like a support letter from her before she just replied with some free numbers for solicitors who don’t do no win no fee , I also mentioned that I’m not entitled to any benefit because of my partners income and he makes just enough to support us both so I said that it be great if there was more financial support on offer to people who live with there partners and in general I appreciate they have these acts put into place but when you have a job interview and you mention you have psychosis you can just tell I’m not gonna get hired and then when you have a job more should be  done . 

I would really appreciate a letter of support from her so I can send it to my old work that should make them treat other staff better in the future . 

It’s going to really take it out of me this but it’s a matter of principle . 

janer1967

Unfortunately my experience of my own MP isnt positive they were useless when I asked for their support when I was about to be made homeless and fighting DWP but I am sure some are better than others 

It will take it out of you and be stressful and fingers crossed they dont take it all the way to tribunal and make suitable out of court settlement unless you want it to go to court that is

I I think you should be able to give updates as you have not named company or individuals even if it's just the outcome and not specific details 

cupcake88

Apologies for posting loads of stuff ha it could possibility help some one going threw the same thing . 

I’m so sorry that happened to you did you get sorted in the end ? I think it’s a absolute joke that you have to fight so much to get a little bit of benefit some times it’s impossible for people to sort it all out I know I needed help .

i just heard back frOm her receptionist who I have been speaking to she said she doesn’t do letter of supports but they will see how they can help they won’t reply .

i just replied saying that I think it’s wrong how people with disabilities are treated and now I have to go a tribunal having acute mental illness and speak up for what’s right on my own because I’m not entitled to legal aid because of my partners income they don’t look into the fact that he’s supporting both of us paying all the bills all the food he pays for my monthly medication certificate , food and every thing he really looks after me I’m blessed . I feel more determined to see this all the way it’s doing what’s right .

i really can’t see them settling so if I prepare my self then it’s better on my stress levels I already have my edvidence folder . 

They have also put bad words in for me and other care homes in the area which again is just not on . 

janer1967

Yes I did get sorted 2 weeks b4 losing my home I found a suitable bungalow through housing association or my son and I would have been put in local hotel 

I fought to tribunal with DWP who said I was fit for work even though I was housebound

I was totally disgusted after paying into the system for over 30 years and finding myself disabled overnight the fight disabled people have to go through to get any help 

If you get PIP that will give you some income at least 

cupcake88

I’m sorry this happened to you the same for me I worked for years but because I haven’t been working for the last couple of years I hadn’t paid enough National insurence even tho I had paid it for years they went on the last year so didn’t get help with esa . I really didn’t want to apply for pip because mentally I didn’t have time for in but my mental health community team helped me apply for it . 

I know my friends mum lost her house because she couldn’t pay the mortgage and the government don’t help with that it’s really bad . Im glad you got it sorted but I bet you really had to fight for it which is really unfair . I’m sorry that happened to you and im glad you are ok now .