Employment tribunal for discrimination and unfair dismissal

Banafsheh
Banafsheh Online Community Member Posts: 2 Listener
edited May 2021 in Work
Hi everyone, 

I was wondering if anyone had any advice on how to work out or know what compensation to ask for. I was dismissed from my job due to high absence, but was mostly disability related. I also worked through the pandemic without my physical reasonable adjustments which caused a lot of mental and physical problems for me.

The situation has been extremely stressful, but I have had help to do my ET1 form and found out today it has been accepted which is a big relief as I have been so anxious about this all. I am just at a bit of a loss when it comes to knowing what compensation to ask for. This is not what I wanted, as I just wanted my job back before but I have lost so much trust with how they handled my grievance and appeal that I don't want to work there anymore. 

I appreciate it is quite a hard question to answer, but any guidance would be much appreciated, and I understand it may be better to speak in private messages about this but not sure where or who to reach out to right now. 

Thanks so much for your time reading. 
Best wishes to all

Comments

  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    edited May 2021
    Hello @Banafsheh

    Welcome to the community, I'm glad you've joined us. 

    I'm sorry to hear about what you've been through, you seem to have been dismissed from your job by an employer that wasn't being as supportive as they maybe should have been. Did they ever attempt to arrange your adjustments for you during the pandemic?

    This isn't an area I have particular knowledge of, so I have tagged your post with our employment tag, and I'm sure that others will be along. I just wanted to wish you a warm welcome :) 

    Have you sought any professional advice?
  • Banafsheh
    Banafsheh Online Community Member Posts: 2 Listener
    Hello Ross, 

    Thank you for your reply and tagging the employment section. I told my manager I would struggle without my desk set up but nothing was done. I asked for my chair which was just 1 out of 5 of my adjustments but it was declined, I received only the chair after I injured my back which caused more absence- which is why I needed the equipment in the first place from previous back issues. The company offered for everyone to stand down, and this was offered however I made my manager aware due to my mental health I struggled with decision making, and felt guilty about previous absences. The business previously wouldn't let me work without the reasonable adjustments before the pandemic, but I feel I was forgotten about even though I expressed concerns with my work set up multiple times and to different managers. 

    The business has since blamed my carpet for the injury which I found offensive given that they knew my requirements through access to work and OH. They also blamed me for not telling them what I needed which is totally wrong. I have emails and proof that I did speak out that I was struggling and asked for help. I had always been open and honest throughout my employment about what I needed and I'm shocked at how they have responded to me. 

    This situation made my mental health even worse and I feel they have gaslighted me and bullied me, even though they know I am vulnerable at the moment. 

    Yes I have had advice from a few solicitors for free which has been very helpful but they have been vague on what amount to ask for. I will be claiming money back from physiotherapy I paid for after the injury working from home but anything else I am unsure on.

    Thanks again, 
    Kind regards
  • janer1967
    janer1967 Online Community Member Posts: 21,922 Championing
    Hi there 

    Sorry about what you are going through 

    I have bit of experience of employment tribunals but this was a while ago so not really sure 8f current compensation awards 

    Have you had any advice from ACAS as they are the specialists 

    The main thing to concentrate on is derailing all the reasons you are claiming telling of the incidents in detail using the who,  what , why,  when , how principle 

    The judge will decide if the claim is successful on the compensation 

    You may find they try settle out 8f court and make you an offer 

    You need to take into account , loss of earnings from losing job and having to take duck leave,  any costs incurred due to their neglect , impact on your health and mental health 

    Hope bit 8f this helps 
  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,874 Championing
    Hi I assisted in representation  in an unfair dismissal  you can claim for 12months wages  and hurt feelings and upset in the case I was involved on the employer was told to pay 15,000 depends how long you have been employed by the company if you put a figure in you think you should be paid then the tribunal will decide if the figure is fair 

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