Selected Cases, August 2009
IK works for a large chain of cinemas as a cleaning manager. She has skin cancer. When diagnosed instead of making reasonable adjustments for her, her employer actually increased her work load, causing her additional stress. The client had a 6 day hearing. We won on constructive dismissal and harassment claims and are awaiting a remedy hearing.
ET worked for a well-known university as a painter and decorator. She was harassed and bullied because she was a female. Subsequently, she became depressed. She was dismissed because of her unacceptable attendance record. We put in an employment tribunal claim in relation to sex discrimination and disability discrimination. We represented the client at two case management discussions and a two week hearing. We have received a favourable judgment in this case and are awaiting a remedy hearing.
BL had multiple disabilities, including that he is blind and has a severe learning disability. He went to his local A&E department and was turned away on both occasions, as the doctor stated it would be too difficult to treat him. We have raised a complaint in relation to this, stating that he has been directly discriminated against. Sadly our client passed away but we will continue the case on behalf of his brother. This case is very similar to the Mencap cases taken to the Ombudsman recently (click here for link). We attended a local resolution meeting and have now referred the case to the healthcare ombudsman.
PF has several physical disabilities and was prevented from parking in her local shopping centre because of a policy, which stated disabled people must be accompanied at all times. We applied to the EHRC for a conciliation meeting, and at that meeting the shopping centre agreed to remove the policy.
AB worked for a NHS hospital as a surgical assistant. He suffered a back injury while lifting a patient. He could then not continue in his job and was put on a redeployment list for over 2 years! He was not paid while he was on this list. We wrote a grievance letter for the client and he was subsequently redeployed to a very suitable job in customer services. We are now trying to recover some compensation for the fact that there was a failure to make the reasonable adjustment for 2 years.