discrimination law

[blonagael]

Hi folks,

if I was going to an employment tribunal as a result of discrimination at work, which includes direct discrimination, failure to allow reasonable adjustments, victimisation as a result of bringing it to managerial attention and other negative treatment:

Which sections of the equality act 2010 would I need to rely on?

Thanks for any help.


blonagael

 

[noblehead]

blonagael,

Some useful info in the following article:

http://www.diabetes.org.uk/Guide-to-dia ... imination/

Just one word of advice, don't do it on your own should you proceed but try and get help from your Union or The Citizens Advice Bureau.

Nigel

 

[blonagael]

Thanks,

I've been struggling through the act and come up with this:

"25 References to particular strands of discrimination

(2) Disability discrimination is—

(a)discrimination within section 13 because of disability;
(b)discrimination within section 15;
(c)discrimination within section 19 where the relevant protected characteristic is disability;
(d)discrimination within section 21."

My union are involved but have had a distinct lack of help with legal issues, but I'm working on that bit too.

All the best,

 

[Osidge]

Hi Blonagael

TUs are usually quite good in dealing with disability discrimination. Sorry to hear that you are not being supported as well as you might want to be by your TU. If you have household contents insurance that often pays out for legal fees for employment issues if you use their solicitors. I agree with Nigel that drawing up your own case and representing yourself is not usually a good idea. Employers will more often than not have legal representation and, from my own experience, ETs can be intimidating!

Regards

Doug

 

[paul.bailey69]

Blonagael
I have emailed you with contact details.

Paul

 

[andrewrick11]

Anti-discrimination law refers to the law on the right of people to be treated equally. Some countries mandate that in employment, in consumer transactions and in political participation people must be dealt with on an equal basis regardless of age, race, ethnicity, nationality etc.


Find here

 

[ElleDee]

Hi blonagael, unsure if it is any help but the is an agency called access to work provided through the job centre, have a look on their website and see if they may be able to provide any further advice too.

 

[mo1905]

Many people quote "you're covered under the disability act" without having a clue what is written in it.
In my opinion, when you go through it, it is very woolly and not a lot of concrete helpful statements in it. I found it more of a generic guide than a tool to quote for change. Good luck !


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[ElleDee]

Sadly the equality act is more a legal document than a medical one, but it has replaced the disability discrimination act and is meant to be suitably vague in some areas to allow the inclusion of people who would before have been missed out, e.g. Family members/children of eligible patients would not have been covered by the DDA, however they are covered by the Equality Act.

 

[mo1905]

It is also very much open to interpretation for that very reason. If your employer is not very good, it's not always easy to shout about the equality or disability act when there are so many grey areas.


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[Alstone]

Hi, this is a first time post for me, but I have been following many of the other threads with interest. I received my diagnosis of T2 in 2004 and have been in a two year grievance regarding adjustments in my work (NHS- clinical support services)).In Feb 2013 at an appeal following two grievance processess, my new Boss said we must move on and expressed a desire to work with me to sort out the physical limitations I have to doing my job. The service has had a review and guess what, the same policy proposed two years ago is to be introduced from Sept 2013. I have had pay stopped for 15 months and won it all back, but the original principal of placing obstickles in the path of me doing my job remains. I have exhausted the grievance procedure, and have made a tribuneral claim but withdrew it as that's when they paid up, so no point going on with the claim. Will I now go straight to a tribuneral as adjustments are not forthcoming and therefore discrimination is continuing. I've asked for and got a (3rd) Occupational Health referral and hope this will again reinforce my cause, but I'm exhausted and all this is taking a toll on my numbers and general well-being.I have Union support (GMB) and that's has been helpfull. Any suggestions and help would be most welcome.
Cann't work out how to add a sinature, but Owl will do.

 

[Osidge]

As you withdrew your Employment Tribunal application you may have to go through the grievance procedure again. Your union or Acas (08457 20474747) should be able to advise on that.

Occupational Health should advise on adjustments to your work or the workplace. Make sure that they do that. It is then for your employer to put any advice into effect. The only way they can refuse to do that is if they make a case that the suggested adjustments are not reasonable - often difficult for a large organisation to do. If you need adaptions, Access to Work can help with that: https://www.gov.uk/access-to-work/overview

Here is the NHS guidance for line managers: http://www.nhs.uk/Livewell/workplacehea ... eet_A4.pdf

Here is the Acas guidance on disability:

http://www.acas.org.uk/index.aspx?articleid=1859

Hope this helps.

Doug




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[Alstone]

Hi again, and thanks for your advice Doug. I am awaiting my appointment with Occi Health, so I'l take that on board.

I'll let you know how it all pans out.

thanks again.