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Type 1 Employment tribunal help please

C

chubble30

Member
Messages
18
My daughter has taken ex employer to ET and we now have a date for 5 day hearing Feb 2023 ! Can anybody offer any legal help ? It is for failure to make reasonable adjustments and harrassment around type 1 diabetes. Many thanks
 
Hello @chubble30

I believe Diabetes UK offers free advice, based on the fact that employers need to adhere to:

The Equality Act 2010 protects people with type 1 diabetes from discrimination at work, and requires an employer to make reasonable adjustments for disabled employees and job applicants who are disadvantaged as a result of their disability, like taking a short break to treat a hypo or check your blood glucose level.

Further resources:
- https://jdrf.org.uk/information-sup... 2010 protects,check your blood glucose level.

- https://www.diabetes.org.uk/guide-to-diabetes/life-with-diabetes/employment
 
What adjustments did she expect them to have to make ?
 
Thanks for replies. We have been in contact with diabetes uk and all they can do is signpost to other agencies. We are looking for actual legal help at the tribunal hearing now.
The employer ignored their own occupational health adviser who told them to do a comprehensive risk assessment. This was during the pandemic when they wanted her to return to the office to work in May 2020 and also to visit clients in the community!!
 

Have you tried ACAS ?

Citizens Advice work issues?

This law firm claims to offer free initial consultations. ( I have never used them and I'm not recommending them. I just found them on the internet.)
 
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My understanding is that employers do not legally have to follow occupational heath assessment recommendations, though a lot do make adjustments if they can. To work from home, your daughter would have had to be signed off by her specialist doctor or GP with a fitness to work note. Type 1 diabetes on its own did not qualify anyone for the extremely vulnerable shielding.
 
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Yes thank you have taken advice from ACAS, Citizens Advice and a solicitor but can’t afford
any representation at ET
 
chubble30 said:
Yes thank you have taken advice from ACAS, Citizens Advice and a solicitor but can’t afford
any representation at ET
Click to expand...

Are you in the RAC or AA? The RAC can provide free legal advice and arranged for a solicitor to represent me once. I think some of the monthly fee (packaged) bank accounts also inlcude legal cover too but I guess you will know about your own accounts and whether you have this - just mentioning as it's the sort of thing that can slip one's mind.
 
Initial consultations (the first one) to lawyers are usually free in Australia, this may be the case what ever country you live in.We also have Work Safe Australia which mediates worker complaints etc,.

If your daughter is a member of a union they may be of some help you find some one to work pro bono.
 
Thanks but not quite the same in uk we have exhausted free consultations and now need a barrister for help at the actual employment tribunal hearing.
 
chubble30 said:
Thanks but not quite the same in uk we have exhausted free consultations and now need a barrister for help at the actual employment tribunal hearing.
Click to expand...

Worst case scenario, can you represent yourselves?
 
Employment Tribunals are brutal. Your daughter should prepare to be interrogated, almost like a court of law.

The burden of proof requirements differ from a criminal court, but they still do require a "reasonableness" assessment.

I have been to ET as an Appellant Manager (in other words, I upheld a messy dismissal of an employee). The case I was involved in had nothing to do with diabetes. I was under questioning for most of a day. It wasn't fun, but I had acted appropriately and prepared well. The findings went in my employer's favour.

If your daughter hasn't already, she should seek whatever advice she can find, via a union, ACAS, Citizen's Advice or whatever. She WILL need support in that room. Her former employers, if they are if any size will likely have instructed Barristers to argue their side of matter.

Please, please don't think I say this to scare your daughter or to make you think she shouldn't have brought her case. I'm noy. I say it because by being poorly prepared, she could blow her case.

I'll say it again. It's brutal. It's nothing personal, but it is brutal.
 
 
Yea I know what you are saying it will super stressful but we will be prepared as we can!! Hear judges are a bit nicer if you are representing yourself??!!
 
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