A PCS member was bullied by her manager. An internal investigation took place and the employer agreed the member had been subjected to inappropriate and bullying behaviour. The PCS rep had also submitted a personal injury claim. What would result in the best outcome, the PI claim or an ET?

Disability discrimination, repetitive strain injury

Member sustained Repetitive Strain Injury. A few minor adjustments were made by the employer, but there was a delay of four months in implementing some of these measures. Member had signed off on long term sick. Can the employer be held responsible under the DDA for causing a deterioration in the member's condition?

Disability discrimination, reasonable adjustments

The PCS member was diagnosed with multiple sclerosis. She experienced difficulties in persuading the employer to make adjustments. The member's team was relocated, and there were no toilet facilities in the immediate vicinity of the new workplace/station. A DDA claim was submitted, and advice sought on arguments to be used at the hearing.

Disability discrimination, provision of expert medical advice

The provision of expert medical advice. A PCS member left the Civil Service having suffered a nervous breakdown. Two years later he was offered a temporary appointment in a large Government Department. He completed a health declaration form in which he confirmed he left the Civil Service in 2002 due to anxiety. He also stated he did not have a disability at the time he signed the form. 

His employment was then terminated because he had previously been dismissed for "disciplinary reasons". A further letter stated that an "adverse reference had been received". These and further conflicts led to PCS seeking legal advice on the merits of pursuing an ET claim.

Disability discrimination, the meaning of discrimination 

The meaning of discrimination. A PCS member suffered over a long period of time with what her GP described as "work related stress". Thompsons were asked if there was a potential legal issue in terms of the employer's 'duty of care', or the DDA.

Disability discrimination, reasonable adjustments - wording of employment tribunal applications

A PCS member suffered from anxiety and depression and was off work for a four month period. She returned to work on a part-time capacity away from "front line duties". An OHS report indicated that she was likely to recover in 6-12 months. Following a departmental relocation excercise, she was not offered a post which did not require client contact, despite a further referral to OHS, which concluded that the new role she had been allocated to was unsuitable. The member then received a poor performance marking. 

Thompsons were asked about the merits of a potential DDA claim, and for the relevant wording on the ET application form.

Disability discrimination, failure to redeploy

A PCS member was diagnosed with chronic fatigue syndrome (CFS/ME). He was also dyslexic. He raised concerns on several occasions about working in a "high pressure" environment, which had caused him to take time off work. He asked to be transferred to a less stressful post, which the employer refused. The member's line manager eventually instructed him to remain at home on sick leave. The PCS member was upset about this, admitted shouting and swearing at the managers, and was dismissed. 

Thompsons were requested to provide advice on the member's prospects for winning his case at an ET.

Race discrimination, case 1

A PCS member lodged an ET claim of race discrimination and victimisation. He believed the discrimination was as a result of evidence he had given at a previous ET case, again involving race discrimination. The solicitor was asked if the member had a reasonable chance of success.

Race discrimination, case 2

A PCS member was overlooked for temporary promotion following a restructuring exercise. In addition her appraisal was not completed satisfactorily. She raised a formal complaint on these issues. She then applied to the ET on all of the above points. She cited victimisation as a result of making a complaint through the employer's internal procedures. Thompsons were asked to advise on the likelihood of success at an ET.

Discrimination against trade union reps

A PCS rep was given an information counselling meeting plagiarising another Branch's circular and putting it out by email to his members. He then sent an email to members drawing a link between MPs and Senior Civil Servants' salaries and a pay dispute in his Department. The message accompanying the link said "in case you wondered where the money went …." He was interviewed under disciplinary procedures and was given a six months oral warning for minor misconduct. Advice was sought in respect of a potential claim for constructive dismissal and/or victimisation/discrimination against a TU rep.

Updated 7 Feb 2017

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