Mervelee Myers

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To Voice

Further to the recent telephone contact when I spoke to Mark Essex about my situation and intention to appeal the outcome of the Disciplinary Hearing. Mark Essex told me that I would be allocated a Union Rep to advise me about the case. I have since received a letter that I requested about the telephone conversation between Arkwen Makin being put in writing. I will not be wasting my time arguing about what was said to me over the phone and what is in the letter. Because all Arwen Makin has done is STRESSED me out even more and caused me to become even more DEPRESSED.
Therefore, I'd like someone else to handle my case as I don't think I am getting the best advice and support from her. I got exactly this same kind of treatment from another UNION, so I know exactly what I am dealing with. I made the mistake of challenging that Union, so will therefore not be challenging VOICE, as I am not that LEARNED to do so.

Since VOICE has not been in contact, I'd like to be informed who is the Union Rep who will be representing me at the Appeal before the time comes. What role is that person going to be taking. When Darren Mahon was representing me, I got advice about drafting letters, etc... What is VOICE role in supporting me after all these years of collecting my dues only now to leave me high and dry when I am once again at my most VULNERABLE. When my friend phoned and I spoke to Mark Essex, he said he had no knowledge of my case. Has he availed himself of the information I sent to the office and make himself familiar with my case yet? As Mark Essex said on the phone Darren Mahon took up another job after coming back from representing me at the Hearing, but why did no one see fit to contact me to talk about my situation. This was after I sent documentations to him & copied VOICE in about some of the matters that came out at the Hearing. I am baffled and need some answers to my queries, as well as why I am not hearing from VOICE about my situation.

If this is of any help I sent in my Appeal and is waiting to hear from them, but as is their ways, they will be dragging their feet to further frustrate me. And I am hoping that this is not exactly what VOICE is doing as well? Sorry for being so cynical, but when I am having the exact same sort of treatment from 2 different Unions, I can't help but being negative and feeling hopeless. I have also gone to do the Medical Referral for the Occupational Health and awaiting the outcomes. In the meantime, I'd like to know what help, support and advice VOICE is going to give me, since I have not heard from you since the last email of the 16.04.2015. I would call, but I prefer as I said to have things in writing when I can take my time to take it in. Talking is one of the underlying conditions that is affected when I am STRESSED and ANXIOUS, and I don't want to give anyone else more fuel to DISCRIMINATE against me for my DISABILITY and medical health conditions. Awaiting your timely reply. Thanks in
advance. Mervelee Nembhard-Myers

Nabeela Kerun: Hello, my name is Nabeela Kerun, you are through to the Equality Advisory Support Service. We are able to offer non-legal advice on the Equality Act 2010 and the Human Rights Act 1998. Have you used this service before? If so, can you give me your reference number please?
Nabeela Kerun: Hello, have you contacted our service before?
Mervelee Myers: No
Nabeela Kerun: No problem. What I will need to do is set up a record for you and provide you with a reference number, Do you mind providing you address and a contact number? This information is just for your record and will be kept confidential.
Mervelee Myers: 16 Alma Grove London SE1 5PY
02072310813
Nabeela Kerun: Thank you. Your reference number is 150427-000040.
The EASS can provide non-legal advice on the Equality Act 2010 this covers discrimination because of race, disability, gender, sexual orientation, gender reassignment, religion or belief, pregnancy or maternity, age and marriage or civil partnership. The EASS can also provide advice on the Human Rights Act 1998.

How can I help you today?
Mervelee Myers: Having some problems at work. Went to a Disciplinary Hearing & appealed. Off on Medical Suspension. Am stressed out & depressed with everything happening to me
Nabeela Kerun: What was the reason for your disciplinary?
Mervelee Myers: 3 colleagues complained about me on the same day re my conduct. The allegations were made up to suit their agenda to get me sacked
Nabeela Kerun: Ok, so due to the complaints, you were taken to disciplinary, were you given the opportunity to put forward your side in the appeal?
Mervelee Myers: Yes, I appealed, but I had a Union rep accompanied me to the hearing. He just disappeared & the Union called me beseeching me not to Appeal. I have had no support & advice from the union since.
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Nabeela Kerun: Our service can only advise where discrimination has occured, if your case is not linked to a protected characteristic such as age, race, gender, disability etc, it is likely to be something that falls within the Employment legislation. As we cannot advise on the employment law, you would need to speak to Acas 0300 123 1100. Currently, it is unclear whether you believe that you have been discriminated against, and if so, how you feel the discrimination has occurred?
Mervelee Myers: I told them verbally & in writing when I started that I have Parkinson disease. I since developed Arthritis & Diabetes. I feel the fact that I don't take medications for my disability & health conditions are factors in why my colleagues say they have problems working with me. I just done medical on
Friday awaiting the report
Nabeela Kerun: Ok, what we will need to go over is the definition of a disability for the purpose of the
Equality Act 2010
In order to be covered by the Equality Act 2010, your condition must meet the definition of a disability as set out under the act.
Disability:
1. The condition must be a physical or mental impairment
2. The impairment must have a substantial and longterm adverse effect on your ability to carry out normal day to day activities.
When the act refers to substantial, this means that the effects of the condition must not be trivial or minor. Additionally, long term means that the condition must have lasted or is likely to last for more than 12 months. If you are taking any medication to counteract the effects of your condition, the courts will consider how you are affected in your daily life without that medication.

Nabeela Kerun: Ultimately, we are unable to confirm if your condition is or isn't covered, this is something only the Employment Tribunal can guarantee, however, if the effects of your condition without medication are substantial, it is likely to be covered
Mervelee Myers: I have had my condition the GP names this as ANXIETY (letter dated 2006) What they are doing to me is causing me worries causing me not to be able to function & do my work. I get tremors & my speech can either be non-existent or I am said to be shouting. I have no control when I get anxious.
Nabeela Kerun: Do you mind explaining further about your issues with your colleagues? did any specific incident occur, if so, how is that incident linked to your disability? E.g. you mentioned your anxiety can cause you to come across as if you are shouting, is this part of the complaints that have been raised against you?
Mervelee Myers: Yes they are saying things about Body language, unprofessional, confrontational & rude. But I am mindful of my anxiety & the triggers. So tried to avoid any such acts of behaviour at all costs.
Nabeela Kerun: What you will need to distinguish is whether your colleagues are targeting you because of your disability from general workplace bullying and harassment as the first is covered by the Equality act and the latter is covered by Employment law. In terms of the accusations about body language, confrontational, rude etc, if this is a consequence of your condition (i.e if your anxiety can cause you to talk loudly and this is interpreted as shouting, or if you anxiety affects your body language) and you are being taken to disciplinary because of that, it may amount to discrimination arising from a disability
Nabeela Kerun: Discrimination arising from a disability occurs where an individual is being treated unfavourable, not because of their disability itself, but due to a consequence of their condition. In your case, the unfavourable treatment is the disciplinary and the argument is that you were taken to disciplinary due to the body language, shouting etc - this is a consequence of your anxiety (disability)
Mervelee Myers: Ok thanks very much. I just don't have the heart to go through another harrowing experience with Employment Tribunals because the same thing that the 1st Union I had done to me is happening agin with this 1. I feel let down. Work is what is keeping me going & now I don't know what is happening to me. I am stressed & depressed
Nabeela Kerun: With regards to your union, if you feel unsupported by them, you may wish to make a formal complaint to your regional union as it is a service you are paying for, therefore, they should be helping you resolve this issue
Nabeela Kerun: As for your concerns with discrimination in the workplace, i understand you do not wish to go through an employment tribunal, and that is usually the last resort, however, at this stage you can address it by raising this as a formal grievance.
Nabeela Kerun: Did you raise any concerns of discrimination during your appeal?
Mervelee Myers: I challenged the 1st 1 about the practice & I guess that made matters worse. I don't have the energy & experience to deal with this anymore. The union rep who accompanied me left & now they are telling me not to appeal & no support since.
Mervelee Myers: Yes, I put those in writing & is waiting to hear about the appeal. There are lots going on & I have just been transferred to this new site after working with the Co 5+ years. But they want me out at this new site. I told my manger verbally & in writing what was happening, but she done nothing because she is heading it. I have written evidence of accolades & contributions to the CO over the years, but the CO now turn against me & sided with them.
Mervelee Myers: The union said if I raise Grievance this might make matter worse
Mervelee Myers: I don't know if my age has anything to do with it because I am oldest 1. & They said things like I am moody & unfriendly & I don't know about my race because the manager claimed that another staff who was transferred are Bad Apples.
Nabeela Kerun: Your employers owe you a duty of care, as this is causing further stress and triggering your anxiety, you can question if they can support you and possible discuss ways to mediate between yourself and your colleagues or train them on equality and diversity issues, so they better understand your condition. Otherwise, you can raise discrimination arising from a disability to the employer as a grievance. With Discrimination arising from, the employer must show that their actions in pursing disciplinary actions are proportionate in meeting their legitimate aim. This aim could be to ensure there is a safe working environment, or to address complaints made against employees in accordance with their policy. As your colleagues have made a complaint against you, the employer decided to pursue disciplinary actions on that basis, if they are aware of how your anxiety affects you and that it is impacting on your response and behaviour etc, they need to consider if disciplinary is really the best way to approach this situation.
The burden of proof rests with the employer to show that their actions are reasonably necessary, so if they could make adjustments to support you (maybe by offering training to yourself or colleagues so they understand anxiety better and how to work with you) and they havent considered such adjustments, it makes it difficult for the employer to justify their actions
Nabeela Kerun: With regards to your age and race, there needs to be more information to infer this otherwise it will be a case of raising a number of points that how no merit behind them. If you have other incidents that make you believe your age and/or race is a factor, you can raise that, however, a suspicion of discrimination alone is not enough
Mervelee Myers: Ok I will stick to the disability (ANXIETY) issues because I told them b4 I started & as late as January 2015 at supervision when I discussed with the manager. I also addressed in writing to the manager how the treatment was affecting my Anxiety & other health conditions.
Nabeela Kerun: You may wish to use the template letter on our website to raise discrimination arising from a disability- templates are located under the tab headed
'resources' and titled 'template letter work discrimination arising from a disability'. What you can also consider is whether the employer can support you in reducing the anxiety in anyway to prevent similar incidents in future from arising
Mervelee Myers: Ok ta, I am also awaiting the report from the Medical Referral & the doctor suggested I get Cognitive Therapy. I asked for counselling & none was forth coming & the Union rep raised that at the Hearing. The chair was not aware about certain correspondence that passed between HR. Then they were not even sure whether I was disciplined under Gross Misconduct or Misconduct. 1 department don't know what the other is doing. They only set out to get an outcome, so they have reasons to Sack me.
Nabeela Kerun: As therapy was suggested, you may wish to question why this wasn’t implemented as the employer needs to show on business grounds why the adjustment was unreasonable, otherwise it could be argued as a failure to make reasonable adjustments
Nabeela Kerun: Once you have raised these points, you can return to the service and keep us updated by quoting your reference number, however please be aware that under the EqA you have only 3 months less 1 day from the incident date (date of discrimination) to pursue a claim with the Employment tribunal
Mervelee Myers: Ta much, but I can't face up to Tribunal as I won't be able to cope.

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