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Taking my Employers to Tribunal for Disability Discrimination

cupcake88cupcake88 Member Posts: 873 Pioneering
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 . 


  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    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 @mikehughescq can you help 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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 . 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    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 ? 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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 ?
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    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 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    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 

  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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 . 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    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 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    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 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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 .
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    That's good then 

    Keep me updated would be very interested to know how it all progresses
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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 . 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    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 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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 . 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    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 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    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 . 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    Hi every one I just thought ill update you I have  a date for the pre hearing for the employment tribunal .  Theres some things we both have to fill out and send to each other and to the tribunal so they should take it more serious now . Thanks for every ones support it keeps me going 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    That's great news and good result that they are hearing  your case 

    Keep positive and stay strong 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    Yeh the fact the tribunal are taking it serious and there nor giving my employer the chance to delay or stall any more so they have no choice but to deal with what they have done according to what the tribunal said it says that acas will contact again I didn’t know acas contacted you again I thought it’s only if the other side want to settle I’ll keep going every one don’t worry . 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    Its good ACAS will be contacting you again it may be again to look at out of court options like conciliation, but that will depend on your employers response.

    Really good though that it is moving forward for you
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    I feel like if I prepare for court now then I don’t have to spend the next two months not having a clue it’s best to prepare now because it be over the phone I have to send all my medical edvidence off to them and also I think I have to send it to my Old employer as Well which to be honest I don’t want them having access to my medical documents But I think
    i have to send them to them . It’s not my problem if they wanna mess Bout and ignore because a judge can rule in my favour then so it’s unlikely they will not respond but it be some rubbish because I don’t see how they can back up what there saying because they have done no investigation I found out today that one of the staff members who called me retarded he was just sacked for asking many staff what colour Under wear did they have on so I suppose that don’t look good already for them that they’ keep people on like that . It’s going to be a 2 hour phone call im guessing like a conference call . 

    Correct if I’m wrong but is the hearing to decide whether it gets thrown out or whether it goes to the next stage ? 

    Would I need to prepare every thing I want to mention .  And send all my edvidence over . 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    @janer1967 hi Janer sorry to bother you  have been so helpful but can I just trouble you again to ask you some thing . For the pre hearing would I need to prepare a full booklet with every thing or Is that for the main . I’ll have to send stuff off to the tribunal . I have to wait 28 days to receive the copy of there et3 and then I can then respond to that and ask for what I need etc but I always have asked them for stuff and they have completely ignored me . It might be different when they see the letter from the tribunal it might make them take note but I think there gonna still try and get out of it and stall etc and I think they just need to actually take it serious I’m preparing all my edvidence and all what happened so I’m all prepared also employment tribunals get printed on the internet so if this just go to a pre hearing this will be online for every one to see even my personal life struggles . But I’m prepared because it’s not on the way they have behaved , I have been reading some online to just get a feel of what happens in a tribunal and most were withdrawn especially cases again like care homes they seem to be withdrawn . 

    From your experience when you was hr I know you said you didn’t have any discrimination cases but was you the one who went to court and spoke on behalf off the company ? Or did they have a solicitor I really hope they don’t have any legal representation I  doubt it because it’s special . If they try and argue the fact the name is wrong again I will send off a copy of my pay slip and p45 to them and the tribunal and make it clear so they don’t try and then use that  to worm there way out a situation again . 

    Would there hr have to prove they did look into it and that staff were dealt with would they need to supply proof because what worries me if they now try and draft a investigation up now and made out it was done back then ? 

    There going to have a hard time explaining there email and the pure delay tactics and messing about and the way I was treated . It’s making all nervous . In your experience did your company ever settle ? And if they do do they usually wait to the last minute . I still think I need to fully prepare for tribunal 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    Hi again 

    I would prepare everything for pre trial will do no harm. 

    If they dont supply what is asked they will have little defence 

    I attended as HR manager in cases of unfair dismissal where myself and manager had done the dismissal I worked for a very large company so solicitors were always presenting the case 

    I have viewed others as spectator and saw some good cases put forward from people representing themselves 

    My company never went to court if they could avoid it so very few ended up there 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    This is what I’m hoping they carry on with there messing about ways then it’s in my favour but I actually acknowledge ment to what they done. 

    I’m preparing my partner said he don’t think it will go to
    pre hearing because there not going to want to be on google but I don’t think it will bother them a lot of people know I’m taking legal action against them so there not gonna wanna look weak in front of staff . So I’m mentally preparing my self . They let me have a pre hearing so the tribunal clearly think I have chance and deserve to be heard . I have asked for all data on my self they hold and they haven’t responded , I asked for proof Action take towards the bullies , details of the missing pension , explanation to why people with mental illness are treated different . Why they don’t follow the equality act . 

    I think I’m allowed to ask them questions  it Does give them another chance I ignore  me But I have given them the chance and they waste time . 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    @janer1967 hi janer how are you sorry to bother you but I was just wondering some thing . I found out from my friend that two of the people my complaint was about aren’t there any more so I doubt they have even done investigations which do you think will go against them ? I’m really nervous for this pre hearing . Been preparing my self for it and getting legal advice .

    a lot of disabled people have to represent them selves which I just think is wrong that we are expected to do that . I think if they was going to settle out of court they would of done it by now . Do employers usually reply back to the et1s straight away . 

    Also they still haven’t got back to me bout the pension money they stole from me so I’ll be bringing that  up , 

    I’m just worried with what there going to come up with it’s all so stressful . 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    Hi again 

    Employers will go as far as they can b4 settling out of court hoping you back down so can settle at last hour I have seen some settle at court just before case is to be heard 

    If it is critical to case employees that have left will be asked to provide statement 

    Employers are given set date by which they have to respond to ET1 

    Try and stop stressing about it all easier said than done and I agree but not just disabled people not many get support with tribunal unless they are prepared to pay for it 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    Yes that’s absolutely right it costs doesn’t it and a lot of people just don’t have the money . Thank you so much for replying I hope I’m not bothering you you have really helped every one on here has . 

    Oh really see I would think why would employers go threw doing all the paper work etc and then backing down prob if they think there gonna loose . Yeh they have 28 days . I’ll try my best not to worry . When these things go to tribunal they go up on the gov site don’t they for the world to  see . 

    I’m trying my best not to panic I’m pretty much all prepared 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    Your not bothering me at all I'm here to help anyway I can 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    @janer1967 I can’t thank you enough for replying to me such a amazing help you are . Your advice has really helped . I’ll only settle out of court for a good amount and depending on how far they want to long it out .

    i have heard employers settle like out of court just before .

    I have a feeling they won’t even respond to my et3 form . 
  • ScottyboyScottyboy Member Posts: 42 Courageous
    Hi cupcake.
    I have had to leave at least 2 jobs in the past because of subtle unconscious bias and negative comments from colleagues. I have tried to report things in the past, but sadly I have seen 1 previous employer "pull ranks" by ensuring that statements they take from other people discredit my statements. Employers know how serious discrimination can be but also it is rare to see any employer being found guilty - but I wish you luck.
    I have been advised to use a recording device.by a friend but I don't think it can be used during the initial investigations, but I always think that they are useful to use as a last card in your favour, because things become "your word against theirs" usually, but when things/people are recorded saying nasty comments, then they can't manipulate statements against that can they?
    I would get some free legal advice about using a recording device in future at any future hearings as I'm not sure where the land lies on it.
    But I know how you must be feeling at the moment. Sadly the work place has a long way to go to be truly transparent in such cases.
    But I wish you well
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    Hello thanks again for great advice Unfortuently unless you have 15 k plus spare you can’t get legal representation. I have managed to get legal advice tho which has been helpful . I’m going to have to represent my self . 

    I know the truth and the facts and that’s all I can stick to . I think the most damming edvidence I have is the owners email where she states what she thinks of people with mental illness and now as a company they don’t care . It shows that they knew and didn’t care which I’m sure is against the equality act . I have literally been preparing so im
    one step ahead of them because I know there be messing about and arranging nothing . So I want to be prepared as much as possible . 
  • ScottyboyScottyboy Member Posts: 42 Courageous
    Hi cupcake88.
    For basic legal advice you could try CAB for free. Just one more quick tip that you may not of thought of. The email is great so on that note put in a Freedom of Information request to the company's HR department for all emails and messenger communications that mention your name for your manager, colleagues that were negative towards you as this may show up other instances that they have wrote things on messenger and email regarding you. So put in a freedom of information request for all correspondence where your name is mentioned (this they have to give you by law)
    Any extra derogatory comments from anybody else will help your case and add weight to your argument!
    I hope you don't mind me trying to help. I want to see justice for people that face difficulties and as I have made mistakes over similar things to this in the past myself, I want to try and help you as best I can :-)
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    I have already asked them loads for access to there cctv cameras ? And to have access to all data they have on my self and they avoided it and not bothered . 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    I was called retarded in front on a camera again they didn’t respond about that . I don’t think they have even investigated it yet . 
  • cupcake88cupcake88 Member Posts: 873 Pioneering
    I guess that will be down for them to explain is that correct @janer1967 if they refuse to supply me with the information It looks bad on them ? 
  • janer1967janer1967 Member Posts: 9,092 Disability Gamechanger
    You have a right to see what they have on your own employment file as for CCTV I'm not too sure it maybe that tribunal can request to view it if they think it is applicable but if it was while back they could claim they no longer have it 
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