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Industrial Tribunal

Motorhead
over 8 years ago
Hi
I’m currently getting ready to attend an industrial tribunal next week . The case concerns disability discrimination at a job interview and the disability concerned is autism. It is all about the employer’s failure to properly consider reasonable adjustments that I requested.

Normally such a case must be brought within three months of the discrimination happening. Unfortunately due to the unhelpfulness of my disability employment adviser and me having to make two subject access requests under the Data Protection Act ( the first of which was ignored for a while until I threatened to involve the Information Commissioner’s Office) in order to find evidence of the employers failure; the case is technically “out of time”.

I was advised by the Equality Advice and Support Service “It does not seem reasonable for a claim to be considered out of time if you were not previously aware of the discrimination” and the tribunal seemed to be happy to go ahead with that. However the employer has lodged an objection and the meeting next week is to consider whether my case can go ahead.

Now there is a dearth of case law on this and I think that if my case can go ahead it will be of great help in the future for those with a similar claim. One of the reasonable adjustments I asked for was to be given the interview questions beforehand. Now requesting this was recommended to me by the Sheffield Asperger Syndrome service and is also seen as reasonable in the case of autistic people by both the NAS and the Dept. of Work and Pensions but is often denied to autistic applicants without any consideration by the employer and no reason is ever given which makes it difficult to make a claim of discrimination.

Now if you think allowing my claim to go ahead is of benefit to others in the future please say so here now or ASAP even if it’s just the one word “yes”. If a lot of people do this it may help my claim.

Parents
  • over 8 years ago

    I guess 'Yes' would be my response, something has to be done to at least register that there is something wrong.

    Trouble is, getting your rights is very difficult and most people are deterred from trying. That in turn makes it easy for employers to ignore disability rights. They know that if their smart lawyers put up enough complication most people will back down.

    But for that reason your situation and prospects don't sound great.

    Was it the employer who delayed the Data Protection Act information requests? If you can demonstrate that, with evidence, at the tribunal, that ought to put them on the spot. If they then claim you ran out of time because they deliberately held things up that cannot look good.

    Trouble is we have a Government in control that thinks filibustering is democracy (forcing a bill before parliament out of time by making long pointless speeches). With that kind of Government what chance has anyone of obtaining justice?

    It sounds like they've used something similar to filibustering, preventing you from getting the information you needed before you could present your case within the deadline, and then using that to oppose you. That just sums up the state of this country at the moment.

Reply
  • over 8 years ago

    I guess 'Yes' would be my response, something has to be done to at least register that there is something wrong.

    Trouble is, getting your rights is very difficult and most people are deterred from trying. That in turn makes it easy for employers to ignore disability rights. They know that if their smart lawyers put up enough complication most people will back down.

    But for that reason your situation and prospects don't sound great.

    Was it the employer who delayed the Data Protection Act information requests? If you can demonstrate that, with evidence, at the tribunal, that ought to put them on the spot. If they then claim you ran out of time because they deliberately held things up that cannot look good.

    Trouble is we have a Government in control that thinks filibustering is democracy (forcing a bill before parliament out of time by making long pointless speeches). With that kind of Government what chance has anyone of obtaining justice?

    It sounds like they've used something similar to filibustering, preventing you from getting the information you needed before you could present your case within the deadline, and then using that to oppose you. That just sums up the state of this country at the moment.

Children
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