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Disability discrimination during covid pandemic

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  • shellbell20
    shellbell20 Community member Posts: 260 Pioneering
    We have a WhatsApp  group in my work but the manager is also on it  ours only used to update us on things or if we get stuck on something in work  it is quite good  and works well  
    Wish that had been the case with this then the bullying and discrimination wouldn't have happened. It was absolutely dreadful behaviour.

  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
    @shellbell20 it makes more sense to have the manager on there if it is for work then those things wouldn't happen 
  • TG0601
    TG0601 Community member Posts: 51 Connected
    @Username_removed ahhh I get it now! :) I thought 10 cases was an awful lot ?? 
  • TG0601
    TG0601 Community member Posts: 51 Connected
    So good to hear you’ve had success. At ETs. Did you have judicial mediation before the main hearing? I’ve got mine in 2 weeks. My solicitor said it’s to discuss settlement. I compiled a schedule of losses for ACAS which included injury to feelings & injury to health. I used the vento bands as a guide. I went high vento band due to the longevity & amount of episodes. I didn’t even get a “sod off” just radio silence. So I’ve submitted the same schedule of losses to my solicitor for the judicial hearing. I’m not sure what to expect. I just hope my solicitor fights hard for me. Username_removed said:
    Have probably repped 30. Have taken 3 of my own and settled 2 of 3 for 4 figure sums before ET.

  • shellbell20
    shellbell20 Community member Posts: 260 Pioneering
    TG0601 said:
    So good to hear you’ve had success. At ETs. Did you have judicial mediation before the main hearing? I’ve got mine in 2 weeks. My solicitor said it’s to discuss settlement. I compiled a schedule of losses for ACAS which included injury to feelings & injury to health. I used the vento bands as a guide. I went high vento band due to the longevity & amount of episodes. I didn’t even get a “sod off” just radio silence. So I’ve submitted the same schedule of losses to my solicitor for the judicial hearing. I’m not sure what to expect. I just hope my solicitor fights hard for me. Username_removed said:
    Have probably repped 30. Have taken 3 of my own and settled 2 of 3 for 4 figure sums before ET.

     @Username_removed Perhaps you might be available to share some advice? I know I could do with some and would be exceedingly grateful. I have just been making notes,  for the half an hour law session I am receiving next Friday. I feel @TG0601 would also appreciate any advise from you too. 
  • shellbell20
    shellbell20 Community member Posts: 260 Pioneering
    @TG0601 To let you know I had a solicitors advise this morning. He feels I have a case for Disability Discrimination, Failure to make Reasonable Adjustments, Victimisation and also injury to feelings arising from the discrimination. I was going to go through ACAS conciliatory services, however when I asked the company to pay my SSP for the week I was off before they sacked me, holiday pay and the week's notice pay, they told me that I wouldn't get a week's notice pay as SSP supersedes my entitlement to a weeks notice of full pay.  They had me crying again, until I found out that is not correct. I can't negotiate with these people they think it's OK to make up the rules as they go along and they do it via email every time, so it's in black and white.  Now I have to fill in an ET1 form and I am pretty clueless as where to start, so going to have look online at videos and such.  
  • TG0601
    TG0601 Community member Posts: 51 Connected
    That’s great news. Although it was no surprise as I thought you have a water tight case. Yes there’ll be loads of help & support online re ET1. Did you have the meeting with the legal advice organisation? Would they be able to fill in the ET1 for you? 
  • shellbell20
    shellbell20 Community member Posts: 260 Pioneering
    @TG0601 To be honest it was only half an hour free advice from a solicitor which was extended to an hour. However, I am clueless about the ET1 and even more clueless about the compensation aspect of it all. The solicitor mentioned loss of earnings, injury to feelings, disability discrimination, victimisation and said I needed to think of a figure. I wouldn't know where to start and now since then there is unlawful deductions of wages to add to it.  No idea, I think my head is about too explode and that's before I even fill in the ET1 form.  Hmmm.
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    Hi there 

    For the et1 use the principle of who   what , why   where,  when,  how 

    For each incident you are claiming for and then ref it to evidence you have 
  • TG0601
    TG0601 Community member Posts: 51 Connected
    @shellbell20 if you look online it shows you how to work out a schedule of losses. Once you get your head around it it’s not so bad to do. I did one & sent it to ACAS for early conciliation before my solicitor got involved. Use the Vento Bands for injury to feelings. That’s straight forward to work out. & don’t forget injury to health too. If you ring ACAS they may be able to direct you further on how to work out a schedule of losses. If you go to a free legal advice organisation they will do it for you too. Really good advice from @janer1967 too. Also reference each piece of evidence (emails etc ) in each point in chronological order. 
  • shellbell20
    shellbell20 Community member Posts: 260 Pioneering
    TG0601 said:
    @shellbell20 if you look online it shows you how to work out a schedule of losses. Once you get your head around it it’s not so bad to do. I did one & sent it to ACAS for early conciliation before my solicitor got involved. Use the Vento Bands for injury to feelings. That’s straight forward to work out. & don’t forget injury to health too. If you ring ACAS they may be able to direct you further on how to work out a schedule of losses. If you go to a free legal advice organisation they will do it for you too. Really good advice from @janer1967 too. Also reference each piece of evidence (emails etc ) in each point in chronological order. 
    Thanks I will look tomorrow. Sorry my head is all over the place, keep getting dizzy spells. It's just too much what they have done to my mental health and is now impacting my physical one too.
  • shellbell20
    shellbell20 Community member Posts: 260 Pioneering
    janer1967 said:
    Hi there 

    For the et1 use the principle of who   what , why   where,  when,  how 

    For each incident you are claiming for and then ref it to evidence you have 
    janer1967 said:
    Hi there 

    For the et1 use the principle of who   what , why   where,  when,  how 

    For each incident you are claiming for and then ref it to evidence you have 
    Sorry don't know why your quote copied twice can't seem to delete one of them. I do appreciate your advise, unfortunately I am getting really bad dizzy spells tonight and can hardly concentrate.  However, thank you so much for sending this information. Hopefully tomorrow when my dizzy spells subside I will be able to understand it.   I am not sure whether I use emails as prove or save those for my witness statements. I just find it such a minefield, but I want to get it right. I am guessing because they were basically laughing at me today saying they wont pay me a week's notice for dismissing me and then they suddenly did @ sign to say to people sort her wages out in other words they seemed to be joining people in the private email that shouldn't even know about what I was talking about, is a complete disregard for my privacy,  it's caused a terrible anxiety attack.   I guess I need to sleep and perhaps tomorrow I might be able to concentrate on what I am supposed to do.  
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    No problem I'm not certain if you send evidence at this stage but you can say you have email evidence to back up your claim 
  • shellbell20
    shellbell20 Community member Posts: 260 Pioneering
    janer1967 said:
    No problem I'm not certain if you send evidence at this stage but you can say you have email evidence to back up your claim 
    Thanks Sweetheart, I have email evidence and chats from my work colleagues to back up my claims. It's bizarre I have quite a lot of evidence via chat or email. Conclusion is either they are not very astute when it comes to legal matters or they know something I don't.  Not about that, it's the way they have totally disregarded my feelings/and/or/disability. It amounts to shut up and put up and we don't really care one hoot about how you are feeling and the fact you are disabled.  
  • Tori_Scope
    Tori_Scope Scope Posts: 12,488 Disability Gamechanger
    How are you feeling today @shellbell20? I hope your dizzy spell has subsided, and you're feeling a little less anxious today?
    National Campaigns Officer, she/her

    Join our call for an equal future.
  • shellbell20
    shellbell20 Community member Posts: 260 Pioneering
    How are you feeling today @shellbell20? I hope your dizzy spell has subsided, and you're feeling a little less anxious today?
    I am up and down to be honest. I just had a lovely lunch with my son and wife at a restaurant in Manchester that is ran by a Master chef winner, so that was nice. Had Caviar for the first time in my life, so great new experience. I will be honest with you, when I was work my anxiety went through the roof with the stress they put on me and now I have gone from high anxiety to quite deep depression, that also seems to be impacting me physically too. I get fed up of being me sometimes.
  • Tori_Scope
    Tori_Scope Scope Posts: 12,488 Disability Gamechanger
    The lunch sounds lovely @shellbell20 :) Wow- caviar! That is definitely an experience.

    Depression can definitely have physical symptoms. The NHS website outlines these can include:
    Physical symptoms

    The physical symptoms of depression include:
    • moving or speaking more slowly than usual
    • changes in appetite or weight (usually decreased, but sometimes increased)
    • unexplained aches and pains
    • lack of energy
    • disturbed sleep – for example, finding it difficult to fall asleep at night or waking up very early in the morning
    I think many people can relate to the feeling of being fed up to be themselves. It can sometimes feel like you just want to crawl out of your body and have a bit of a break, can't it?

    If I remember correctly, your last appointment with your counsellor was at the end of May- is that right? How did it go? Have you managed to go back and speak to your GP about how things have changed, and how you're feeling? I know asking for more help can be draining, but I do think you could benefit from some additional support.

    Are your family aware of how all of this has been impacting you?
    National Campaigns Officer, she/her

    Join our call for an equal future.
  • shellbell20
    shellbell20 Community member Posts: 260 Pioneering
    edited June 2021
    The lunch sounds lovely @shellbell20 :) Wow- caviar! That is definitely an experience.

    Depression can definitely have physical symptoms. The NHS website outlines these can include:
    Physical symptoms

    The physical symptoms of depression include:
    • moving or speaking more slowly than usual
    • changes in appetite or weight (usually decreased, but sometimes increased)
    • unexplained aches and pains
    • lack of energy
    • disturbed sleep – for example, finding it difficult to fall asleep at night or waking up very early in the morning
    I think many people can relate to the feeling of being fed up to be themselves. It can sometimes feel like you just want to crawl out of your body and have a bit of a break, can't it?

    If I remember correctly, your last appointment with your counsellor was at the end of May- is that right? How did it go? Have you managed to go back and speak to your GP about how things have changed, and how you're feeling? I know asking for more help can be draining, but I do think you could benefit from some additional support.

    Are your family aware of how all of this has been impacting you?
    I have most of those symptoms. When I was anxious I would pace, when it led to depression or was complemented by my depressive mood, I completely slowed down. Everything including showering, getting out of bed, sleeping, doing housework was a chore, still is. Sometimes I want to run away from myself but then I know I will go with myself if I run away, so it's a moot point to even try. I lost lots of weight, I don't tend to eat when I am depressed and then it affects my short term memory, I will make a cup of tea and forget I did it, put on something on the stove and forget that too. Can be quite dangerous to be honest.

    I did go back to my doctor after been given anti-depressants that were made me feel comatose. I said they were far too strong and even tried half a tablet and it was too much. So I asked to go down the hormonal route being a certain age, to see if that helps me.  Have to have blood tests first though and even that is an effort to pick up the phone and ring the hospital to make the appointment.  I just feel so low and have this sinking feeling half the time in the pit of my stomach.

    As for the counselling it ended and they say I can't have any more for at least 3 months.

    My family are aware of my Mental Health, have been for years, I feel I have let them down too.  Hmmm.


  • Tori_Scope
    Tori_Scope Scope Posts: 12,488 Disability Gamechanger
    Feeling 'slow' is a very common symptom of depression @shellbell20, so you're not alone in feeling that way. It can make it really difficult to get seemingly 'easy' tasks done. As you'll know, it's really important to stay fed and hydrated, especially when you're feeling unwell. Is it that you don't feel hungry, or do you find it difficult to muster the energy to prepare and eat food?

    You definitely haven't let your family down. Have they been supportive over the years? It can be difficult to find the right words for both the person living with the mental health condition and their loved ones- do you feel like you can talk to them when things get hard? Are they able to help around the house in terms of when you forget things are on the stove and so on?

    Antidepressants can take a while to work, and they can unfortunately make you feel a bit worse before they make you feel better. Have you considered trying a different kind of antidepressant, seeing as the change in dosage didn't help? Each one has different side effects and everyone reacts differently. 

    Are your family able to help you make the appointment for the blood tests? 

    That's frustrating regarding the counselling, but I hope you'll feel able to schedule in some more appointments after the 3 months have passed, should you feel you need them.

    I'm sure you're probably aware of their services, but I just wanted to remind you that you can always get in touch with a listening service if you feel as though you want to talk things through confidentially with someone who'll listen. You don't have to be suicidal to contact Samaritans (most people who call them aren't suicidal), and you can speak to them over the phone on 116 123 or via email at jo@samaritans.org. If you prefer to chat over text, you can text SHOUT to 85258. The community is always here for you too, of course :) 
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    Join our call for an equal future.
  • [Deleted User]
    [Deleted User] Posts: 0 Listener
    janer1967 said:
    No problem I'm not certain if you send evidence at this stage but you can say you have email evidence to back up your claim 
    Thanks Sweetheart, I have email evidence and chats from my work colleagues to back up my claims. It's bizarre I have quite a lot of evidence via chat or email. Conclusion is either they are not very astute when it comes to legal matters or they know something I don't.  Not about that, it's the way they have totally disregarded my feelings/and/or/disability. It amounts to shut up and put up and we don't really care one hoot about how you are feeling and the fact you are disabled.  
    If a company did that to me, I would promptly seek legal advice with a view to taking them to the cleaners under the Equality Act for discrimination.

    Like I probably should for all 3 of the companies who rejected me last week.

    I can't help that I can't work 50 hours a week due to the carers, nor can I help that 100% of my customer facing retail experience comes from working in Charity shops, they're literally the only place that will take a guy like me on no questions asked apart from maybe a DBS check in some circumstances.

Brightness