Yesterday I started an ET Case as a Lay representative for a former employee of Service Birmingham for Constructive Dismissal.
We ask for elements of Disability and Sex Discrimination and it was to be decided whether these could proceed.
The Disability Discrimination, despite being evidenced and that the employers failed to make appropriate adjustments was discontinued solely for being out of time and the tribunal could not fairly exercise its discretionary power's to allow it. However, they did accept one count of Direct Sex Discrimination.
This matter has now been listed for a full hearing in due course.
Why am I writing about this. The former employee was involved in a road traffic accident and was unable to carry out her duties effectively owing to her seating posture, which after a battle was finally addressed some 16 months later.
However, the former employee was advised to deal with the matter internally, therefore, owing to the slow pace of the internal procedure, the matter was out of time. The Tribunal concluded that the former employee could have sought her own additional advise through the internet, CAB, Solicitors, ACAS etc.
The bottom line is when you are employed and there is an issue always seeks independent advice or even just surf the internet for second opinions and importantly clarify your rights.
Always seek additional advice, you could be losing out on your rights, do not solely rely upon the organisational system
We ask for elements of Disability and Sex Discrimination and it was to be decided whether these could proceed.
The Disability Discrimination, despite being evidenced and that the employers failed to make appropriate adjustments was discontinued solely for being out of time and the tribunal could not fairly exercise its discretionary power's to allow it. However, they did accept one count of Direct Sex Discrimination.
This matter has now been listed for a full hearing in due course.
Why am I writing about this. The former employee was involved in a road traffic accident and was unable to carry out her duties effectively owing to her seating posture, which after a battle was finally addressed some 16 months later.
However, the former employee was advised to deal with the matter internally, therefore, owing to the slow pace of the internal procedure, the matter was out of time. The Tribunal concluded that the former employee could have sought her own additional advise through the internet, CAB, Solicitors, ACAS etc.
The bottom line is when you are employed and there is an issue always seeks independent advice or even just surf the internet for second opinions and importantly clarify your rights.
Always seek additional advice, you could be losing out on your rights, do not solely rely upon the organisational system