Employer Discrimination Legal Steps

Summary

Discrimination based on mental health disability is unlawful under the Equality Act 2010. Employers must make reasonable adjustments. If conciliation fails, consider an Employment Tribunal. Delays in adjustments can be discriminatory, depending on necessity, impact, and justification. Document requests and responses, and consider formal grievances if needed. Employers should justify delays by showing complexity, practical difficulties, and efforts to expedite.

Full Conversation

Possible discrimination from employer
Hi ****! I'm sorry to hear about your situation. Could you provide more details about the discrimination you believe you're facing? For example, is it based on age, gender, race, disability, or another characteristic? This will help me give you better guidance.
Mental health disability
Thanks for sharing, ****. Discrimination based on mental health disability is a serious issue. Here are some key points about your rights and potential actions:
- Under the Equality Act *, discrimination based on disability is unlawful.
- Employers must make reasonable adjustments to support employees with disabilities.
- You can file a grievance with your employer.
- If unresolved, you may take your case to an Employment Tribunal.
Would you like more detailed information on any specific step?
My employer refused conciliation
Case Rating: *
****, since conciliation was refused by your employer, you can consider taking your case to an Employment Tribunal. Here are some steps you could follow:
- Collect evidence of discrimination and refusal of conciliation.
- Submit a claim to the Employment Tribunal.
Would you like detailed information on how to submit a claim to the Employment Tribunal?
Yes
Case Rating: *
****, here's how you can submit a claim to the Employment Tribunal:
*. Submit a Claim Form (ET1): Fill out and submit the ET1 form online or by post.
*. Time Limits: Ensure you submit your claim within three months of the discrimination incident.
*. Evidence: Include all evidence supporting your claim.
*. Fee: Be aware of any fees that may apply.
Would you like assistance with any specific part of this process?
Is a delay in reasonable adjustments discrimination
Case Rating: *
A delay in making reasonable adjustments for a mental health disability could potentially be considered discrimination under the Equality Act *. It depends on the circumstances and the reasonableness of the delay.
Would you like more details on the criteria that determine if a delay is discriminatory?
I asked three times and was told when I come back to the business they will review
Case Rating: *
****, a delay in making reasonable adjustments could indeed be seen as discrimination. It depends on factors such as the reason for the delay and its impact on you. Here are some criteria:
- Necessity and impact of the adjustment
- Length of the delay
- Justification provided by the employer
Would you like to discuss this further or have any specific questions about your situation?
The delay caused me to raise a informal grievance
Case Rating: *
It sounds like you have a strong case based on your situation. Here are a few steps you can consider:
- Ensure you document all instances of requests and responses related to your reasonable adjustments.
- Follow up on your informal grievance by submitting a formal grievance if necessary.
Would you like to know more about the formal grievance process?
The policy states annual leave to be used for a phased return. Because they delayed reasonable adjustments this delayed me fully returning to my hours
Case Rating: *
****, it sounds like you might have a strong case for discrimination based on the delay in making reasonable adjustments. Would you like to be connected to local lawyers who can better assist you with your case?
If so, can you provide a bit more information about the impact of the delay on your return to work?
What justification should the employer do when delaying reasonable adjustments
Case Rating: *
****, it might be a high-value case. Would you like to be connected to local lawyers who can better assist you with your case?
Regarding your question, an employer should justify a delay in reasonable adjustments by demonstrating:
- The complexity of the adjustments required
- Practical difficulties in implementing the adjustments
- Efforts made to expedite the adjustments
- Any unforeseen circumstances causing the delay
Would you like to proceed with connecting to local lawyers? If so, can you provide a bit more information about the impact of the delay on your return to work?