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Disability discrimination in the work place and filling in an ET1 Form correctly

ChazWheels20_21ChazWheels20_21 Member Posts: 2 Listener
edited March 23 in Employment and careers
Hi everyone, hope someone can help. I was dismissed from my job back in January. I'm a wheelchair user with cerebral Palsy. I was supposidly dismissed for poor performance but in the absence of regular performance review, I think it was more the fact that the employer failed to ensure evacuation safety support. I'm looking fr support or who to go to to get the right help in completing an ET1 . Does anyone have and helpful advice or where I can get support? In addition to being dismissed, my new employer has been sent a really bad reference, citing performance issues. However, these were not raised when I was dismissed.

Replies

  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    Hi and welcome 

    An ex employer should only give negative ref if the issued have been addressed and documented and taken through the performance management process so maybe you should include this in your ET1 

    As for support it isnt that easy to get free advice or help completing form 

    I suggest you contact ACAS or look on their website for advice 

    You could also see if cab have any advice where you can get support 

    There is no right wrong way to complete firm just put what your case is and any supporting evidence the tribunal understands it is being completed by people without legal knowledge 

    Any further questions just come back and ask 
  • lisathomas50lisathomas50 Posts: 4,363 Disability Gamechanger
    It is now in employment law illegal to give bad references they can either refuse or can just say that you worked there you need to put that on the form that they gave you a bad  reference 
  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    @lisathomas50 it isnt illegal to give a bad reference but to do so it must be based on fact and the employer must have done something about the reason they have put bad reference 

    Eg if they said the person had bad attendance they need to have taken action on this 

    Or if they say they had done some misconduct they need to have evidence they took this through disciplinary 

    Most employers now just state dates employed and what role etc to avoid any comeback 

    I have always stated in ref if I think the reason needs to be alerted to potential new employer eg dismissed for serious gross misconduct 
  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    A good example would be imagine it was a care worker who had been dismissed for cruelty towards a patient and you didnt disclose this and they went on to do it again 

    You have a duty of care to provide a simple statement saying employee was dismissed for gross misconduct it is then up to new employer to investigate this further 
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