Discrimination - Advice please if someone can :)

oceanmermaid
oceanmermaid Online Community Member Posts: 22 Connected
in Work

Hi All,


I'm so sorry this post is so long, I'm really struggling with my mental health about it all.


I worked for a care organisation for 4.5 years. I started in the pandemic. I have had my disability since I was 23 and when I started didn't need adjustments to do my job. However as COVID took hold, I noticed my arthritis getting worse, I kept getting chest pain after working with Covid patients and kept asking for Fit Mask protection, explaining that my mobility was getting worse, my lungs were hurting, I had a letter from my GP, letter from Occupational Health advising my employers to help me. I sent 13 emails asking for help, it was all ignored. Other agency nurses had their wishes respected and were prevented from working with Covid patients because their partners were vulnerable, but I was ignored, time and time again.


The last time I caught COVID at a hospital from saving a dad from falling out of bed, I have never been able to walk like before since, with Arthritis now in both knees and hands. I tried to continue to work but I even had patients screaming at me saying I shouldn't be working if I walked like I did. Then the staff put a note on my van to tell me not to park in the visitors car park which was closer, even though I had already asked for adjustments.

It is in Tribunal proceedings and my employer is saying that I didn't have a disability when I started, but they admit that I disclosed that I had one. They are saying that I don't have a case and are trying to strike it out or ask me to pay £1000 to continue in the form of a deposit order.


Surely they had a Duty of Care to listen to my concerns, and at least try to get Fit Mask protection? Especially after Occupational Health recommended it?


Secondly I also made Protected Disclosures. I never received a reply, or support causing me a huge amount of stress and anxiety. Only after the staff made a false accusation about my work did HR finally decide to speak to me, some 9 months later, after 8 more emails raising concerns. It's given me nightmares, panic attacks now in current jobs that I've tried to do, and horrendous flashbacks from it all. I have now been diagnosed with PTSD.


The other side is adamant I don't have a case. I strongly believe that I do and that I should have been protected from retaliation after making Protected Disclosures.


Can anyone please give me some fair advice please? I'm so scared but feel that I should continue to try to stand up for myself stand for the patients too.

Thanks so much to anyone who's taking the time to read this 🙏

Comments

  • Rosie_Scope
    Rosie_Scope Posts: 5,553 Scope Online Community Coordinator

    Hi @oceanmermaid, sorry to hear you're going through this. that all sounds really tough.

    Have you had any external advice on your situation? ACAS are often very helpful. They might be able to take a look at what's happened and let you know what your rights are and whether there's a case for any further action:

    Acas | Making working life better for everyone in Britain

    If you're in a union, it may also be worth reaching out to them to see if they can help support you and attend any further meetings with you.

    I'm sure our community will have some advice too. I hope you're doing okay and can find a way forward soon 💙

  • Slonvinton
    Slonvinton Online Community Member Posts: 87 Empowering

    Are you get any support from ACAS etc.

    I feel for you because I went through a discrimination case a few years ago; I did not win. It took over my life for years and I deeply regret doing it even though I felt I had no choice at the time and Im sure I would have regretted not doing it as well. Ive been left feeling that we actually have no protection from the Equality Act at all and its just a kind of whitewash. I really hope your outcome is better than mine, because its still messing with my head.

  • oceanmermaid
    oceanmermaid Online Community Member Posts: 22 Connected

    Hi @Slonvinton

    Thanks so much for taking the time to write and I'm so sorry that you went through a similar thing and are still struggling with it.


    I've gone past the stage with ACAS as I'm in proceedings with my third Preliminary Hearing due.


    I was on a zero hour contract and no, no union.

    Thank you.