Disability discrimination during covid pandemic

TG0601

@shellbell20 it sounds to me like you have a strong case. Mental health is a disability & covered by the equality act. Altering your hold time was doable & would give you time to do your work without as much pressure, which affected your anxiety. As was adjusting your calls. So they are saying anyone with mental health issues shouldn’t or can’t work in their contact centre! Terrible! They didn’t even try to see how you got on with the adjustments. They will play dirty & deny everything. No employer will accept & agree they’ve done wrong. So don’t take it personally when they disagree with all of your points in their ET3 response. It’s just disgusting that they have done this to you. You will have to do a schedule of losses. So keep notes on your financial losses since they sacked you. 

shellbell20

@TG0601 They told me to find another job that will suit my needs, how dare they!  I have around 7 years contact experience and as for dealing with vulnerable customers I use to be a nurse. Just because I suffer with Mental Health, doesn't make me incapable to help others. In fact the calls I did take were marked that I was really great a talking with people and showed deep empathy, so they can't fault me on my calls at all. In fact I won two awards whilst there and I was told I was a hard worker, one award was for my drive.  So yes, they are saying someone with Depression and Anxiety can't cope with this kind of work. Funnily enough I use to work for the same  bank on as a permanent member of staff for three years before we all got made redundant. My mental health wasn't a problem for them then and now it is.  Strange how that works.

TG0601

@shellbell20 it’s just disgraceful. I really do hope you get the justice you deserve. Keep me updated won’t you on your meeting next week. It will be interesting to see if both our employers try to settle before a main hearing. I think mine will go all the way to main hearing though. Take care & please keep in touch. Anything I can do to help I will try my best x

shellbell20

@TG0601 They can't deny anything about sacking me or why, as they emailed me it when I said I couldn't talk on the phone due to my anxiety, thank God I did.  Nor can they dispute they suddenly changed the 16 call rule once I was sacked as that is in a text from a work colleague today who said why have I got more calls without getting sacked?

shellbell20

@TG0601 They would be very stupid to go all the way, it costs at least £8000 for them to hire a solicitor to defend the case, then if they lose which I am sure they will the amount is unlimited for disability discrimination.   Not to mention the bad publicity that it will attract. As for my wages, well I have already lost a week or so being on the sick and then there is all the losses in the future because right now, there is just no way I can work with what they have done to my mental health with their insults and bullying tactics. I have lost what little self worth I had.

shellbell20

@TG0601 I will be following your case and being your advocate. When is it?

TG0601

@shellbell20 I’m exactly the same. I can’t work because of what they’ve done to my physical & mental health. I’m still employed by them as I can’t walk out of my job. If I do I don’t know how long it will take me to get another job plus I won’t get any benefits for walking out of a job. They won’t finish me as they know that will be an unfair dismissal case on top of everything else, so I’ll be on long term sick until the main hearing & then god knows after that. My judicial mediation hearing is in a couple of weeks. It will be interesting to see how that goes. I don’t have to attend it but I’ve got nothing to lose by going through the judicial mediation. If nothing gets resolved it doesn’t go towards the main hearing, so we’ll see. Yes I’ll keep you updated also ?

janer1967

@TG0601

You can leave your job on medical grounds and then be eligible for benefits depending on your circumstances 

I agree it isn't right for you to do that at this stage but just wanted you to know 

You could also go for constructive dismissal if you feel you have no other alternative but to leave 

But get legal advice 

TG0601

@janer1967 thank you for that. If I didn’t live on my own I would definitely leave the job but I just can’t take the risk of having no financial help & possibly losing my home. It’s such a stressful time. I can’t wait until it’s all over as the effect on physical & mental health with these things is overwhelming 

janer1967

@TG0601

I understand I was petrified when  I had to give up work I was a single parent and was distraught about how I would finance and provide 

I did lose my home burt it was no longer suitable after I became disabled so I had to sell anyway as well as not being able to pay the mortgage 

Ended up in social housing a brand new bungalow and love it 

Financially I am better off 

All I am saying is it can be scary 

Also think about yourself and if you can really continue to work there 

TG0601

@janer1967 thank you. You’ve been through a lot. I’m pleased things worked out better for you in the end. I am renting & just daren’t take the risk. At the moment I’m on long term sick & have no plans to go back. I just need the legal side over & then I can move on & put this whole upsetting episode behind me. 

janer1967

OK I get that bit I would suggest getting some benefit advice though and then you may see ot won't be as bad as you think 

TG0601

@janer1967 I had to speak to the benefit office about is as I’m on full UC as
my statutory sick pay ended at work a while ago. They said if I voluntarily leave I would lose my benefits. My solicitor has advised me to stay on long term sick for now. 

janer1967

If you leave due to illness that isn't the case speak to welfare rights not job centre 

TG0601

@janer1967 thank you Jane. I’m going to stay as I am for now. As stressful as it’s been at least I have a roof over my head, UC keeping me ticking over & I’m off sick long term from work so I don’t have to go in or think about them. I couldn’t cope with the added worry & stresses of possibly losing benefits, my home & everything I have if I resign. It literally would send me over the edge. It’s the best option for now. I’ll see what happens at the judicial hearing & if nothing happens from that I’ll be off work until the main hearing in October at least. If I don’t win I’ll look into my options & next moves. But I won’t be ever going back there. That’s for certain. 

janer1967

Fair enough keep us updated and it's good you and shellbell  are both supporting each other 

You both seem to have a good understanding of your rights and how it all works 

Just give us a shout if you need anything 

I worked in hr management for over 25 years and have lots experience 

shellbell20

@janer1967 I am pretty clueless to be fair, there so much to absorb such as the 12 week rule for agency staff.  My manager said to me via Skype they don't treat temporary staff the way they treat permanent staff,  which they should do. Pity Skype calls are not recorded, so much he said and I am sure he will deny it at any tribunal or any other staff that are permanent.  I've no idea how I would even call them as a witness or ask the court to do so, because I wouldn't know their address which the court seems to want.   I scrawl the internet everyday for similar cases, but so many cases. I guess the adrenaline from getting sacked and told to find something suitable has heightened my fight or flight reaction and right now I am in fight mode.  I will not go out without a fight and I will not give up until I fight for all people disabled who don't have a voice.

janer1967

@shellbell20 how long did you work for then b4 they dismissed you? 

Half hour can be long time to get info you need as long as you prepare 

Could you send them brief outline before the meeting at legal centre si they can read through first 

Have all your questions prepared again could you email them before just so you get the most ou of your time 

shellbell20

 @janer1967 I worked there for 5 months, so I can't hold them accountable for unfair dismissal due to not having worked for the company for 2 years or more, but I can for disability discrimination. The legal centre took most of the notes pre the scheduled appointment. I am making bullet notes right now, so I don't leave anything out.  Thanks for you help though and reminding me about preparing before the zoom meeting.  Anything else that you have knowledge of would be much appreciated.

janer1967

OK yes your only option is disability discrimination  

Unfortunately lots companies take people in temp or agency contracts si they can just get rid 

Just ask me if you have any specific questions rather than me rambling on with what I think you need to know 

I will try help if I can