I have recently been dismissed from my employment due to the fact that my office can accommodate wheelchair access due to the building that I work in being a B listed building and they say that they would not be able to obtain planning consent for the adaptations. Has anyone came across this situation themselves and if so what did they do and what was the outcome?
Dismissal from employment
I do not think this is a get out clause for an employer. Check with The Equality and Human Rights Commission 0845 604 6610 http://www.equalityhumanrights.com/ who will advise and take your case to tribunal if necessary.
Thanks George for your reply - have been on to all sorts of people and they say it is a difficult case but the Human Rights have asked "have they applied for planning permission" which I dont believe they have. You know I am kind of exhausted with it all and is taking me so much energy to pursue things. I may seem a bit reluctant to follow it up but I have had months of this and all of the investigations have been on my part. I have an appointment with the CAB employment lawyer on Wednesday. I have kept all my e mails and reports and will provide him with these. You know is not right for what they are doing and I do so want to prove a point not just for myself but for everybody who has the misfortune to find themselves in this position is just doing me in and my MS is progressing so fast is not true. I just want someone to say "yep they are right and there is nothing you can do about it" and close the lid on it all and get on with my life. The employment lawyer I spoke with on the phone wanted £175 per hour which I cannot afford as I am in a position just now where I have just secured a house with no stairs to climb but still have to sell my property which is not proving very easy. The financial side of my life is that I am paying a mortgage and rent and cannot continue to do this for an indefinate period of time. Is all really complicated and I could not be in a worse situation but as they say things should improve when all this is sorted out. I have contacted ACAS as well who were really not that much help and asked me to speak with the Human Rights people. It is all contact this one and that one and to tell you the truth I have done all of that and I am getting no where at all. Having to deal with MS is more than enough in a day to day life and all this added on is just so hard to cope with.
Sorry to sound such a moan bag and I know there is a lot going on Im usually a very up beat person but all of this is slowly wearing me down and down. Thank you so much for your input and I will keep you posted how I get on on Wednesday.
Thank you again and God bless.
Two things you DO NOT need to spend £175 on a solicitor. Either join http://www.benefitsandwork.co.uk/ they are lawyers costs £19.50. The society used to be involved with the Disabled Law Society who are lawyers but I can’t find info on this new website.
Secondly I presume you checked your house insurance to see if it covers ‘critical illness.’ If it does you could get a large cheque to pay off your mortgage; check and claim.
Thanks so much for all your very useful information. Unfortunately I did not take out critical illness cover so I cant reclaim on that.
I have an appointment today with the CAB lawyer to discuss my case and see what he says about it all.
All of this happening has made me extremely pessimistic about the future and I am not that kind of person usually. I usually get up and get on with it all. I think once I have spoken with the solicitor I can see clearer at what I require to do. As I said before I am moving to a new property which is adapted for my needs and look forward to that is just the constant worry of having to get this sold or let whatever I can do.. I am sure that once I am moved into my new home that loads of things will fall into place and I will not at least have Mount Everest to climb every day with there being no stairs in the new property. I am totally exhausted with it all and think the fatigue is playing a very big part in how I am feeling at the moment. You say that you have had MS for 30 years. I truly respect your situation and congratulate you on being able to deal with your life so positively. I too hope to come to that sort of way of thinking which I did before all of this came along. I now feel very frustrated at how I can continue to get about. I have a scooter which I enjoy using when the weather allows me to. I was recently on holiday in Majorca and was just no problem getting around as I knew that the sun would be shining and that I could get around independently. A wheelchair is a great thing but just not as convenient as is a scooter. I am taking clomazapam for my leg spasms and these have helped but make me very drowsy throughout the day. I have had a couple of falls and thought I had fractured my shoulder but this turns out to be just badly bruised. This is also hampering my mobility but hopefully with the help of the physios this should go soon. I have applied for ESA to help with my bills and hopefully this will come through for the present anyway. I still want to work and can still type and use my cognitive skills so it really is only my legs that dont work any more. My physio is bringing one of those wee wheelie things for the house today so hopefully I can move around a bit better now and do the wee things in the house that I like to do.
I will take a look at the link you provided and see what they say and thanks again for your help.
Onwards and upwards as they say !!!
Hang on in there Babbie, once you have moved and get ESA through things will be so much easier. Yes agree warmer climate would make scootering so much better!
Really hope things work out and settle down soon. I also suffer major fatigue so know how hard it is. Even the smallest 'upset' makes life seem impossible.
At first I got sad reading your story. But after a while, I read that you got your job back. Then I feel fine and happy for you..
I suddenly remembered my cousin, she experienced that same situation as yours. But she pursued her study and finished law. Now she is a successful <a href="http://www.thetampainjurylawyers.com/Tampa_Personal_Injury_Lawyer.html">injury attorney Tampa</a>. Just remember that don't allow to be defeated by MS, there's always a good side in every situation.