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Disability discrimination tribunal

debbielkldebbielkl Member Posts: 27 Listener
edited January 21 in Employment and careers
Hi, I’m due to fill out my ET1 in the next few days, can I just confirm at this stage it’s just filling the form. I don’t need to include all the evidence I have?
has anyone used a solicitor to help them fill out the form? I know it’s straight forward just don’t want to get this wrong. 

Also can I make a claim for hurt feelings if I still work for the company (I’m currently off sick with stress) I can’t see how I can go back tbh and will probably leave next month to find alternative employment. They’ve made it impossible.

Thanks for you help :)
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Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    You just need to fill out the form at this stage. For any other advice then i'd advise speaking to ACAS. https://www.acas.org.uk/

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • janer1967janer1967 Community champion Posts: 7,305 Disability Gamechanger
    Hi and welcome I suggest you contact acas friend some advice they also have website with lots of info on 

    it may be worth speaking to a solicitor for advice they do give 30 mins free advice 

    I would fill out the et form and if they need evidence they will ask for it unless in the instructions they ask for evidence 

    also look on internet for help on filling in the form 


  • Cher_ScopeCher_Scope Community Team Posts: 2,699 Disability Gamechanger
    edited January 13
    Hi @debbielkl

    Good luck with your tribunal.  These processes can be tough going, so please let us know if you need any emotional support.

    In addition to the advice you have already received, I'd recommend visiting/contacting:
    Please let us know how you get on, and fire away with any other questions.
    Online Community Co-ordinator

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  • debbielkldebbielkl Member Posts: 27 Listener
    Thanks all. I paid for an hour with a solicitor and have what I need to fill the ET1. 
    Work are requesting monthly formal welfare meetings. (They then try and use my answers against me)
    I’ve advised I’m too stressed at the minute. So they said ok a call then a call in Feb and then another welfare end of Feb. Is this excessive? I’m signed off for 6 weeks. Nobody on long term sick is getting this many meetings with them.... 
    the solicitor said as I’ve told them this can be harressment.... does any Agee?
  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    Hi agree it could be classed as harassment as you are on the sick an employer diesnt need to resly speak to you  this can be brought up in your tribunal  and yes you can can claim for hurt feelings in a tribunal 

    Goid luck with your tribunal 
  • janer1967janer1967 Community champion Posts: 7,305 Disability Gamechanger
    Hi again 

    Most employers have welfare meetings with those off long term sick .

    I used to as a HR manager to keep in touch and support employees and see any progress so in my opinion it may not be classed as harassment 

    You need to check out the company policy on long term absence and see if this is part of their process if it is then they are only following their policy 

    I also advise you look on ACAS website as they do advise regular contact in these situations  
  • debbielkldebbielkl Member Posts: 27 Listener
    There policy’s states a catch up, which I told them I’m fine with. They want my manager and another taking notes and a formal welfare monthly. I agree I’m unsure on this. 
  • janer1967janer1967 Community champion Posts: 7,305 Disability Gamechanger
    That is nothing out of the ordinary and nothing you should worry about 

    However I would take someone in with you if they say it is formal meeting you can take in a work colleague or union rep 

    How long have you been off sick and how long have you been signed off for 
  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    You should follow the advice your solicitor gave you as 6 weeks isnt along time realy 
  • debbielkldebbielkl Member Posts: 27 Listener
    We have no union rep, and 50% of our team are off sick due to stress. I’ve been off 4months and another 6weeks again now, this is because they have removed my reasonable adjustments and changed my job. 

  • debbielkldebbielkl Member Posts: 27 Listener
    I have been told to add in the form, in 9 years I haven’t had a day off, despite being diagnosed with a disease and becoming disabled. 
  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    Ok sorry thought it was only six weeks speak to accas you need help andxsupport with this if you havecyo go to meetings but if you don't feel well enough though let them know you cant attend 

    Thats alot of people off sick but I think uou should get in touch with accas did your solicitor give you good advice 
  • debbielkldebbielkl Member Posts: 27 Listener
    Thanks, it was more how to fill out the form. It’s sooo difficult. But I’ll give it a try. I even tried conciliation but they won’t deal with Acas. ( it’s a huge company they don’t like people to know - brand damage) .
    thank you 
  • janer1967janer1967 Community champion Posts: 7,305 Disability Gamechanger
    It is a good idea to include that on the form 

    Try and keep the tribunal issue and this welfare meetings separate tho you can mention it if you think they are doing this to discriminate 

    However in my opinion being off for that amount of time I would expect welfare meetings to take place 

    Are you getting company sick pay ? As often if you are it us reasonable for them to expect regular contact 

    One of my ex employers had in their sick pay policy that they could withhold sick pay if regular contact was not maintained 
  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    The form is hard to fill in but make sure you put in as much information  in as you can   you can phone citizen advice to talk you through the form  

    Sorry your having to go through this during a pandemic 
  • Cher_ScopeCher_Scope Community Team Posts: 2,699 Disability Gamechanger
    edited January 20
    Hi agree it could be classed as harassment as you are on the sick an employer diesnt need to resly speak to you  this can be brought up in your tribunal  and yes you can can claim for hurt feelings in a tribunal 

    Goid luck with your tribunal 
    @lisathomas50 It's my understanding that regular phone calls won't be classed as harassment.  During periods when I've had long term sick, it's been routine to have regular chats with my employer.  Indeed on this ACAS 'Keeping in touch during absence webpage, it states:
    It’s important that both the employer and employee stay in regular contact during absence, especially if it's long term.
    They should agree:
    • how often the contact should be
    • if the contact is to be by email, phone or face-to-face meetings
    • who the employee is to be in contact with – this might be their line manager, another manager or an HR manager
    Keeping in contact is a good chance to:
    • check on the wellbeing of the employee 
    • see if the employee needs any support
    • talk about any relevant updates or changes happening at work
    Where an employee’s absence is due to a mental health condition, it’s particularly important to consider whether less or more frequent contact is most appropriate.
    Please be careful to not present opinions as facts and back up statements with evidence where possible :)
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  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    @Cher_Scope its what her solicitor told her that I only agreed becsuse I thought it was only six weeks I then said  that she needed to speak to accas about the longer term 

    Then said she just wanted to get help with the form so I advised her to phone cab who could talk her through it at the moment with accas you phe leave a message and  then someone calls you back 

    Everything is slot harder in the pandemic   especially a work tribunal 
  • [Deleted User][Deleted User] Posts: 0 Listener
    I had a similar experience nearly 4 years ago when I worked in a local PDSA Charity shop, I've probably mentioned it before, that old guy called me a "deaf C word" thinking I didn't hear him and I did... By rights I should've called the Bizzies on him for committing a "hate crime" against a disabled person, but Dad said not to make a thing of it and make an atmosphere at work.

    Like I said, I'd have been within my rights to take the PDSA straight to the cleaners under the 2010 Equality Act for discrimination, but I just left.

  • CressidaCressida Member Posts: 683 Pioneering
    @debbielkl @janer1967 has a background in HR and is usually spot on with her advice. 
  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    @debbielkl does your employer know your takeing him to tribunal 
  • debbielkldebbielkl Member Posts: 27 Listener
    I haven’t told them, but this yesterday they emailed me and are starting to play dirty. I’ve spoke to Acas they said I need legal advice really. 
    It’s hard doing this process alone.


  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    I didnt think you had told your emoyer that's why I asked  have you filled in any of your form for tribunal 

    Accas can only advise you what to do which they have done phone citizens advice they will be able to help you more ant they will talk you through the form and will help and guide you thorough the process 

    I would advise you to do that as soon as possible to get that help and support you need they will also advise you on your application and be able to support you with this 


  • debbielkldebbielkl Member Posts: 27 Listener
    Thank you for that, I’m going to call today. We are then going to decide if to walk away. I’ve not slept in weeks. 
    Thanks all 
  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    @debbielkl that would be an option but talk it through with citizen advice first but I would say msy its best to join a union in any job to protect yourself  hope you get something sorted out and glad I could help in a small way 
  • janer1967janer1967 Community champion Posts: 7,305 Disability Gamechanger
    It is not necessary to join a union with most employers now if they have good policies and practices in place 

    Also if the union is not recognised by the company and only have minority members they have very little say in anything 

    The only benefit is they can advise and maybe represent individuals 

    You dont need to tell your employers you are going to tribunal they will find that out themselves all it will do by telling them is put up their guard and try and make sure they have everything in place regarding your claims and they will if s big company just pass it all yo their legal team 

    I would urge you to get legal advice but that doesn't come cheap and dont be fooled by the no win no fee 

    Solicitors will often tell you how much they can win for you and predict huge compensation but this is their way of getting your business 


  • janer1967janer1967 Community champion Posts: 7,305 Disability Gamechanger
    @debbielkl
    I will no longer comment on this post as there is too much conflicting advice being given to you which cant be helping 

    If you want further advice from me them please send me a pm which I will be happy to respond to 
  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    @debbielkl hope you managed to get things sorted out today and got the help you needed 
  • Cher_ScopeCher_Scope Community Team Posts: 2,699 Disability Gamechanger

     Hi @debbielkl Have you heard anything more about this? I hope you managed to get some rest, it must be a stressful time for you.

    About some of the points raised above: 

    • While joining a union can be advised to help with employment tribunals (for more information see this Citizens Advice webpage), it isn’t applicable in every situation.  
    • Likewise, informing your employer of going down the tribunal route isn’t compulsory and could lead to you receiving unwanted pressure so I'd advise to avoid that at this juncture.  
    Good luck with everything and please keep us updated :)
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    Want to tell us about your experience on the community? Talk to our chatbot and let us know. 
  • debbielkldebbielkl Member Posts: 27 Listener
    Hiya, I managed to get the form done and sent. I think they have received it this week because I’ve just heard off them about a new adjustment. I must admit I’m really struggling without a solicitor. ACAS are great but can’t really help me now.
    The email they’ve sent I find discriminating again.... I don’t know if it’s because I’m so emotionally attached to it all. I may have to pay again for someone to read it see what they think. 
  • MarkN88MarkN88 Member Posts: 401 Pioneering
    Have you got a law centre near by that can help? 
  • debbielkldebbielkl Member Posts: 27 Listener
    Is this somewhere I could get some free advice? 
    I will have a look thanks
    its hard because I only have a couple of days to reply to them.
  • MarkN88MarkN88 Member Posts: 401 Pioneering
    debbielkl said:
    Is this somewhere I could get some free advice? 
    I will have a look thanks
    its hard because I only have a couple of days to reply to them.
    Well my area has a law centre and it covers areas such as employment issues and they offer free services. 

    In google search “law centre” and at the end type your location. 

    No guarantee there is one in your area but worth a try. 
  • debbielkldebbielkl Member Posts: 27 Listener
    I’ve been on the phone for so long.

    My ET1 has been submitted I have a strong claim.

    should I ask for a subject access request. Just internal emails relating to me? For evidence . Would anyone do this for their own trial?

    thanks

    again sorry for this long thread, 
  • MarkN88MarkN88 Member Posts: 401 Pioneering
    Personally if you think it will do you any good, than yes put in a SAR. 

    Im no legal expert though, so cant provide legal advice.
  • lisathomas50lisathomas50 Member Posts: 2,994 Pioneering
    @debbielkl what ever evidence you have is good to use it will help your case 

    Hopefuly you have a law center that can help you but if not try and speak to cab 


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