Suing employer but not quitting when doing it?

LegacyUser

Ok so I'm a permanent civil servant. Been in same job for 22 years. I have a heart condition since my 20s but it hasn't significantly interfered with my work ( my disability has been registered with my workplace for over a decade). Anyway it got worse last year. I was aware that other staff in my department (not at my grade) work from home so I requested if I could do the same on account of my disability. I work a 4 day week and was looking to work one day per week from home. I was told I couldn't as I needed to be available to the public. I pointed out that I only see members of the public for at most 3 hours per week and I can easily schedule those attendances for dates I am in the office.
My doctor, my cardiologist and my union all submitted letters of support for me to our local hr but it was still refused. I discussed the matter with my line manager but he said it was not his but "senior management" decision. He did add that , in principal, he did not like people working from home.

Anyway , my union rep wants me to file a claim for disability discrimination on account of my workplace refusing me an accomodation on account of my disability. He has said the union will support me all the way and even provide a lawyer if necessary. He says I have an open and shut case. I also spoke to a barrister friend who agrees and said I would likely succeed.

I'm not looking for legal advice but what I'm wondering is this- is it ever possible to sue your employer and not have to leave work? I can't see how I could stay in work and sue my employer at the same time. Won't they make my life hell? And even if I win, won't it be awful stressful? Is it worth it?
I have a great cardiac support nurse and her opinion is that I shouldn't jeopardise my health with this but just cut down my working hours.
I enjoy my work and have good friends and colleagues there. A good friend of mine outside work sued her (civil service) employer and won but also advised me to only do it if I planned on leaving as it is extremely stressful.
My health isn't great at the moment and I don't want to aggravate it with stress. At the same time, I feel angry that I am forced to reduce my working hours when I could contribute, if allowed to work from home.
Appreciate any views.

Stheno

Clonazepam wrote: »

I'm not looking for legal advice but what I'm wondering is this- is it ever possible to sue your employer and not have to leave work? I can't see how I could stay in work and sue my employer at the same time. Won't they make my life hell? And even if I win, won't it be awful stressful? Is it worth it?

Can't imagine it would result in anything less than extreme awkwardness tbh

What do you want to achieve here? To sue so that you can work from home, even though no one at your grade can do so? I'd not be too certain that your illness would be enough to show discrimination, but perhaps get proper legal advice as opposed to listening to a union rep.

Mrs OBumble

If they made your life hell, then they would be opening themselves up to being sued for all sorts of other things like bullying.

In most other workplaces, I wouldn't recommend it. But in the civil service, things can be a little different. So I wouldn't worry to much about that - just make sure you keep your relationships civil at all times.

By all means take some outside legal advice. And also make sure you're talking to a union staff member with some knowledge/authority, not just a local delegate, to get their backing.

leanbh

This post has been deleted.

spaceHopper

Can you ask to take to mediation it would be less extreme but the first thing they would do is get their own legal advice which might be to let you work from home. Instead of cutting back on your hours can you get signed off sick for one day a week. They may make you go to their own doctor but they won't go against a cardiologist

http://www.citizensinformation.ie/en/employment/enforcement_and_redress/workplace_mediation_service.html

_Brian

No offence intended but I suppose the base question is have you and illness or an actual disability.

If you have a long term illness then I'd think a discrimination case will fall flat. And in actuality if your unfit through illness to perform the task you were hired to do them you can be legally let go with no redundancy required.

Stheno

_Brian wrote: »

No offence intended but I suppose the base question is have you and illness or an actual disability.

If you have a long term illness then I'd think a discrimination case will fall flat. And in actuality if your unfit through illness to perform the task you were hired to do them you can be legally let go with no redundancy required.

That's what I was trying to say in my rather less articulate post, thanks!

Wesser

With respect to you and your condition. I wish to make a comment on our society and not on you in particular do please do not take offence.

It never ceases to fascinate me how litigious Irish people are. A man who has a known heart condition, and as a result wishes to work from home, which is not part of his contract, can sue his employer, who have done no wrong, only stuck to the terms of the contract they offered. Man is not concerned by sueing, or the cost of sueing to the tax payer, his only concern is how awkward it will be. Asks his doc for a letter to support him even though working from home is not part of the treatment of any cardiac condition but his doctor did up a letter because he asked him to. Sure everyone else it at it ( sueing) so that makes it ok.

esforum

You are a civil servant, you can seek a transfer to another sector or office. In fact, once any grievance proceedure is enacted, you will be offered a move.

Stheno

Wesser wrote: »

With respect to you and your condition. I wish to make a comment on our society and not on you in particular do please do not take offence.

It never ceases to fascinate me how litigious Irish people are. A man who has a known heart condition, and as a result wishes to work from home, which is not part of his contract, can sue his employer, who have done no wrong, only stuck to the terms of the contract they offered. Man is not concerned by sueing, or the cost of sueing to the tax payer, his only concern is how awkward it will be. Asks his doc for a letter to support him even though working from home is not part of the treatment of any cardiac condition but his doctor did up a letter because he asked him to. Sure everyone else it at it ( sueing) so that makes it ok.

If the OP has a genuine disability then employment law applies, if they do not then that is a different matter so your post is potential not relevant in this case.

esforum wrote: »

You are a civil servant, you can seek a transfer to another sector or office. In fact, once any grievance proceedure is enacted, you will be offered a move.

Good suggestion for the OP if they are able to move to an alternative role and are not classed as disabled and subject to equality law.

esforum

_Brian wrote: »

if your unfit through illness to perform the task you were hired to do them you can be legally let go with no redundancy required.

Not from the civil service, pensioned off on medical grounds

gandalf

I think the key here is that no one on your grade has the option to work from home. You have asked your management if they would make an exception for you and they have refused. I don't see any discrimination here as it appears no one on your grade has the option of working from home. However if they did allow you to work from home they would be opening themselves up to others requesting the same. This could be the reason your union are pushing you to claim disability discrimination so they can use it as a thin edge of a wedge against the employers. Make sure they aren't using you as a pawn in their own agenda here.

If you sincerely believe you have a case then pursue it. It will probably mean you will have a very awkward relationship with the management going forward. It could result in more stress for you. I would talk to an expert on employment law like a specialist solicitor before embarking on this. Do not trust your union alone.

LegacyUser

Thanks for all the responses.
To clarify, I've had this condition since I was born. I take three types of medication and am getting some side-effects the last while from them eg alopecia, psoriasis.
I don't want to move to another department. I am glad I have a job as my parents were told when I was a child that I would never be able to work. I do feel , like the last poster said, that the union is pushing me a bit.
I got legal advice (separate from my union) and was told I had a very strong case.
Nevertheless my health is more important than this so I am not going to pursue the matter.
Thanks to everyone.