Ministry of Justice

[Jayde38]

Hi

I work for the Ministry of Justice and my disability has recently deteriorated. When I asked for assistance I was placed on a poor performance plan and advised to take voluntary redundancy as it was "in my best interests". I challenged this and had the poor performance plan over-turned. They are now plotting to put me on another poor performance plan by trying to force me to carry out duties which they know my disability prevents me from doing.

I have been to see the "Welfare" officer who also advised me that redundancy was my best bet. It now looks like I will have to take legal action against them but honestly what chance do I stand taking the people who make the law to court?

Does anyone have any advice for me?

[Stepheninleeds]

I think you need to seek advice from a solicitor, Law Centre, etc. Are you in the union? If so they can help you. Yes, you have rights under the law, but trying to have them enforced is not easy. If you are dismissed or have to resign I would also think about an Employment Tribunal. Dismissal use to disability or forcing you to is a breach of your rights. However, an employer can under curtain circumstances terminate your employment on medical grounds. All this is why you need advice & support.

[beau]

Try ACAS for advice.

[tinker]

If you start using the DISCRIMINATION word and contact your local MP you may find an ally. As useless as most MPs are they do tend to love a cause especially where they can give civil servants a kicking

[Stepheninleeds]

Oh Tinker, you know how politicians think! That may just work.

[pdtscully]

Hi

I work for the Ministry of Justice and my disability has recently deteriorated. When I asked for assistance I was placed on a poor performance plan and advised to take voluntary redundancy as it was "in my best interests". I challenged this and had the poor performance plan over-turned. They are now plotting to put me on another poor performance plan by trying to force me to carry out duties which they know my disability prevents me from doing.

I have been to see the "Welfare" officer who also advised me that redundancy was my best bet. It now looks like I will have to take legal action against them but honestly what chance do I stand taking the people who make the law to court?

Does anyone have any advice for me?

Hi Jayde38...
I also work for the Ministry of Justice... if your still having problems, let me know... The new MoJ Disability Network has just been setup... so as your a disabled member of staff, you should join.

With regards to your disability, have you had a OH medical referral with ATOS...?
You should also contact the RASS unit (Reasonable Adjustment Support Service), just do a search on the MoJ Intranet...

I assume that you have just completed the Diversity & Equality online training package... this is what the Equality Act 2010 says with regards to Reasonable Adjustments...

20 Duty to make adjustments
(1) Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.
(2) The duty comprises the following three requirements.
(3) The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
(4) The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
(5) The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

21 Failure to comply with duty
(1) A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.
(2) A discriminates against a disabled person if A fails to comply with that duty in relation to that person.
(3) A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise.

[pdtscully]

Sorry Jayde, after reading everything you have said so far, I really feel that I need to speak to you...

Taken from another post

I too am having problems at work. I work for the Ministry of Justice and have done for many years. Recently I moved offices and have been having problems with my new managers. When I requested reasonable adjustments I was told they could not be accommodated. Instead it was suggested to me that I should apply for Voluntary redundancy. As a result of the lack of reasonable adjustments I have been put onto a performance improvement plan (the step before dismissal). In the meantime the voluntary redundancy is being pushed constantly. This is putting me under s great deal of pressure and affecting my health. I approached our personnel department but they referred me back to the managers (who are ther problem). I am stuck between a rock and a hard place. I have been to the union but they are worthless.

Does anyone know any good disability lawyers in London?

Thanks

I don't understand how you could have been moved to a new office which couldn't accomodate your disability... of course I know what some managers in the MoJ are like... but still...

You should contact me, if your not off sick, do a search on the MoJ email, "Scully, Paul D", send me a email... telling me where you work, your disability, the problems you are having...

I'm on the MoJ Disablity Network's Executive Committee, which means, I want to help & support people in the MoJ with disabilities like us...

Regards
Paul

[Paul]

I can't really offer any more advice other than to contact Paul above.