How Is Disability & Discrimination Measured?

The Biases of the Employment Tribunal against Mervelee Myers – edited 30/5/2018

I have no alternatives but to continue making my implicit knowledge explicit to combat the discrimination from the establishments and systems from 2004 to date in the UK.

Employment Appeal Tribunal, Second Floor, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8AE

10th January 2018

Reference: UKEATPA/0603/17/LA

Mrs M Myers v London Early Years Foundation (LEYF

Without prejudice, with reference to Employment Appeal Tribunal requested dates to avoid for a period of 4 months from February 2018. I have been advised to put in writing to the EAT about my disabilities. I am also carer for my elderly husband which can impact on this matter as well. (Why is it that the EAT is/was not aware of my disabilities?)

Therefore I will list my disabilities as the following: Mental and Physical Disabilities that are “Protected Characteristics” under the Equality Act 2010. (LEYF have the data and information detailing my disabilities from I signed the contract 7/10/2009)

They are covered under:

Race Relations 1976 (Amendment) Act 2000. Education Reform Act 1988. Employment Equality Regulations. Special Educational Needs and Disability Act 2001. The Disability Discrimination Act 1995 & 2005. Safeguarding Vulnerable Group Act 2006.

Mental Health Conditions and Diseases & Special Educational Needs and Disabilities:

Childhood traumas – result of transitional developments. Living with my father’s Parkinson’s disease and my grandma’s diabetes and death from a broken heart. Her son was brutally murdered and she died of a broken heart, along with other medical complications.

Chronic Anxiety – linked to the signs and symptoms of Parkinson’s disease: tremors, shakes, slurred speech, immobility/stiffened joints, emotional. Chronic Anxiety diagnosis in July 2006.

Atypical Parkinsonism – signs and symptoms of Parkinson’s disease, with the Mental Health and Physical conditions linked. Hard to treat and diagnosed.

Obsessive Compulsive Disorders (OCD). Always trying to be in control. I managed to work and carry out normal day to day activities, despite developing the condition from puberty. That is until my childhood traumas were triggered into PTSD from the 23rd July 2014 to 27th September 2015.

Paranoia developed as result of the ill treatments from the 23rd July 2014 to the 27th September 2015 when I was forced to resign with Nervous Breakdown.

Depression, leaving me unable to carry out normal day-to-day activities. I was passed fit to go back to work after the Medical Suspension. Cognitive Behaviour Therapy recommended by Dr Laura Crawford. Recommendations made for Reasonable Adjustments.

Hidden Disabilities results of childhood traumas:

Dyslexia & Post-Traumatic Stress Disorders (PTSD).

Had counselling at the Maudsley Hospital after Dr Laura Crawford from the Occupational Health Medical Suspension advised me to get Cognitive Behavioural Therapy to find out why I react the way I do to certain situations. Dr Crawford Medical Report that passed me fit to return to work, was used by the judges at the ET, Instead of the Medical Reports that was the Judges Case Management Order in the Bundles. (See http://www.slam-iapt.nhs.uk/southwark)

Physical Disabilities:

Back Pains – results of injuries from a fall when I was pregnant with first child. Reoccurring problems from I arrived in the UK. Hence the reason I accepted the job with the condition that I do not work with younger children/babies.   Information in the Bundles.

Sciatica & Cramps – Now getting physio to strengthen back and leg muscles.

Arthritis – Diagnosed 2010. Information contained in the Bundles.

Diabetes – Information contained in the Bundles.

The Equality Act 2010 states that a person has a disability if she has a physical or mental impairment, which has a substantial and long term adverse effect on her ability to carry out normal day-to-day activities. I worked with LEYF prior to transferring to BIB, HOC and New Cross with a Contingency Plan at Luton Street. All the sensitive and confidential Data about how I manage and control my disabilities are contained in my FILE. LEYF refused to give me access, from before I transferred from Luton Street.

The General Data Protection Regulations (GDPR)

After using the Freedom of Information Subject Access Request, LEYF response is that the data they have is what I supply them with. And these are in the ET bundles. It’s even more shocking for LEYF saying they have no record of the CEO Long Service Awards of the 15th October 2014, I was given. I informed the ET about LEYF Respondent’s John Fenton non-compliance in writing. At the ET case I informed them that the contract I signed was not updated and reviewed in line with the Equality Act 2010. LEYF tampered with my data from the 27th March 2015. I am still feeling the impact from the discrimination. (Refer to the ill-treatments from the DWP, HMRC, the Metropolitan Police and the Ministry of Justice. This is as a result of the online judgement https://www.gov.uk/employment-tribunal-decisions/ms-m-myers-v-london-early-years-foundation-2300047-2016).

The  Act Equality 2010 states that there is no need for me to establish a medically diagnosed cause for the impairment. What is important to consider is the effect of the impairment. The Judges Court Management Orders ask me to present Medical Reports and they were provided. (Yet I pointed out at the ET about my disabilities and the judges allowed Barrister Samantha Jones to redicule me throughout the case. But let her get away with getting the ET case adjourned using her manufactured sickness of having contagious disease. Because she did not prepare a case, which she told the court about in advance).

Role of Carer

I would like the EAT to take into considerations that these days, anyone of my disabilities can flare up without any notice. There are days when I am unable to get out of bed. I am also carer for my elderly husband which can have bearings on this as well.

Feeling Pressurised

I would like to bring to the EAT attention about the fact that I am being pressurised and this impacts on my disabilities and how I am able to carry out normal day to day activities. As can be ascertained from Dr Laura Crawford’s Medical Report, I have to prepare everything in advance. However I think I am been penalised for taking all the measures and applying early intervention strategies to be in compliance with the EAT orders. I was told at the CAB that the papers must be returned to the EAT before the 5th January 2018. But what did the EAT do, send another letter to be returned to them by the 5th January 2018. However I did not receive the letter until after the date it was to be returned.

I will therefore have to continue with my Defensive Practice to help me hopefully, get this matter dealt with. I need to move on with my life. I have not even grieve for my mother yet. Another thing, I have been made a target and a sitting duck for everyone to take advantage of because of my vulnerability of having disabilities. So whilst I was set up to be robbed blind, I am having my disabilities of having Mental Health Conditions used against me. Someone called the Police and Ambulance Services to section me under the Mental Health Act. Maybe the EAT might like to deal with the fact about the reasons for that? I have since had to be dealing with the DWP about my entitlement to universal Credit and having to go to interview. I am being threatened to be issued with CRIMINAL RECORD and my immigration status questioned. Of course my Windrush story started from 2004. (This is as a result of the online judgement https://www.gov.uk/employment-tribunal-decisions/ms-m-myers-v-london-early-years-foundation-2300047-2016)

Bureaucratic Red Tape and Rhetoric

Finally I will end by saying LEYF have done everything to strip me of my dignity after I spend the best years of my life giving of my best. Now they set out to destroy me, without any hope of picking myself up when I was treated in similar fashion in another workplace. I am part of Dr Maria Hudson Research Paper recommended to ACAS www.acas.org.uk/researchpapers. Barrister Jones was given the benefit of the doubt when she pulled a SICKIE because she admitted to the judges she did not prepare a case. The case was adjourned when she did not turn up the next day. The judges did not consult with me when setting the date. And I could go on and on, but I stop here for now. Although Provision, Criterion or Practice is not defined by the Act, it should be construed widely so as to include, for example any formal or informal policies, rules, practices, arrangements or qualifications including one-off decisions and actions.

The Equality Act states “Direst discrimination is unlawful, no matter what the employer’s motive or intention, regardless of whether the less unfavourable treatment of the worker is conscious or unconscious”.

The Equality Act 2010 states that “if an employer’s agent or employer (such as an OH advisor, or HR Officer) knows in that capacity, of a worker’s disability, the employer will not usually be able to claim that they do not know of the disability, and that they cannot have subjected a disables person to discrimination arising from disability”.

“Therefore where information about disabled people may come through different channels, employers need to ensure there is a means – suitably confidential and subject to the disabled person’s consent –for bringing that information together to make it easier for the employer to fulfil their duties under the ACT”.

The Act says Discrimination against a disabled person occurs when an employer fails to comply with a duty to make reasonable adjustments imposed on them. Check the Bundles.

Social Media Evidence

Since I have been using https://www.facebook.com/public/Mervelee-Myers as my journal from I joined in February 2010, I would like the social media platforms to be used as evidence. The ET judges were quick to join LEYF in using my Facebook, after I was experiencing servere acute mental health issues as part of the discrimination against me. Now I want them to taka account of the GDPR, in the way I was denied access to my FILE. Yet I was targetted by LEYF because they have friends in high places.

Dates:

February: 2nd & 3rd Nursery World Show. 23rd & 24th Training.

March: 2nd & 3rd Childcare Expo

April: Not aware of any appointments. But if not emergency, I can get them reschedule

May: Same, because I am not given appointment that far in advance.

Bearing in mind that I have disabilities and is carer for my elderly husband.

Yours sincerely

Mervelee Myers.

Home: 020272310813. Mobile: 07950618083. Email: rattynem@btinternet.com.

 

2 thoughts on “How Is Disability & Discrimination Measured?

  1. Time for us to stop hiding behind the rheteoric of bureacratic redtape. Our ancestors were prepared to sacrifice their lives. So did the Windrush Generation who fought in the World Wars and come to Great Britain to make valuable contributions. I am on the battle field for my husband. Who was told by a Bank Manager, “Mr Tomlinson, you have a small ilusion that one day you can become a Property Tycoon”? I am his career, but now if I let them, the UK Government would send me back to Jamaica as an illegal immigrant. Or worse still issue me with a Criminal Record after dfiscrimination in yet another toxic work enivirnonment that trigger my childhood traumas into PTSD.

    Like

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