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Discrimination and threats! Help please on next legal steps...... Options
Linda14
#1 Posted : Monday, June 20, 2011 6:44:14 PM Quote
Rank: Newbie

Groups: Registered

Joined: 2/15/2010
Posts: 3
Hi again everyone. I've posted here before and had fantastic support, for which many thanks. In the interim, I have tried Humira, Rituximab and other therapies but unfortunately responded to none of them so am now on low dose steroids and MTX which are taking the edge off but not going to produce any radical changes.

My employer has reacted to this news in a most wonderful supportive way - NOT. During the course of ongoing "catch up" meetings regarding my RA, I have been told that my current level of absence is unacceptable (15 days this year, 32 days in the rolling year). They wish me to reduce my working hours which I do not want to do as I am the main breadwinner and we depend on my salary for the mortgage. I am performing very well and meeting my targets despite my absences, 90% of which are disability related. They have confirmed they do not consider disability related absence separately from sickness absence but consider it as "all lumped together" for this purpose.

They have had me visit their occupational health adviser, who has declared that I am fit for work, agrees with my decision to prioritise my work for financial and mental reasons and supports my request to work from home 2-3 days a week to help alleviate the fatigue arising from my conditions, if the business can support it.

My manager and HR have advised that I can't work from home in my current role because "the business cannot support it" - no other reasons given. I believe that the department head just doesn't like homeworking. Although there are no others in my department who work from home part of the time, there are certainly others in the same division, who use a remote access portal which allows one to work on the company's systems exactly the same as one would if in the office. I also cannot see why homeworking in my role is a problem, as most of it involves analysis and developing reports using software. I could meet with others and discuss requirements during the days I am in the office.

I have been requested to consider a flexible working application to cover working in other business areas and may (underlined) allow homeworking - but they have told me there are no current opportunities elsewhere! They insist that they cannot move forward on this unless I ask them to, which I find very strange as surely they can make investigations and propose solutions themselves? I have a week to do it.

They have stated categorically that if I don't apply for flexible working in other areas of the business then they will have to go down the capability route and "we will end up parting company".

I believe I am being treated unfairly because of my disability and that the refusal to allow me to work from home 2-3 days a week in my current role is unreasonable. I propose to make a flexible working application but only for my current full time role, requesting homeworking 2-3 days a week. Would this compromise my current position though? And given their threats, what else might I need to do? Any advice most gratefully received! LINDA
RichC
#2 Posted : Monday, June 20, 2011 7:57:21 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 8/30/2010
Posts: 507
Location: Gravesend
Hi Linda , sorry for the grief you are going through.

Although the Equality Act 2010 gives you protection it is a minefield to navigate ... there is no doubt that you will need specialist help.
It is reliant on the definition of Disability and definition of what constitutes reasonable adjustments taking into consideration various factors about your role and the company itself.
Have you given the NRAS helpline a ring as advised in one of your other posts?

It would also be worth calling The ACAS helpline on Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47. ACAS have been known to negotiate with employers even at an individual level.

Unsure as to whether you qualify for help via Legal Aid .. but there is a calculator HERE and also a find an adviser link on that page .
See if you can get an appointment at a local advice Centre if you can, as what they are suggesting is discrimination . Since basically they are saying accept a change of contract with less hours or we will dismiss you due to your disability.Whether your request to work from home is a "reasonable request " will also be key.

If it were me i would call the NRAS helpline, call ACAS, Visit an Advice Centre , Check whether you can get legal aid .

EDIT :EHRC Reasonable adjustments THIS IS NOT A SUBSTITUTE FOR QUALIFIED FACE TO FACE ADVICE.

Hope that helps a little and best of luck

Rich

"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
smith-j
#3 Posted : Monday, June 20, 2011 8:42:28 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 12/3/2009
Posts: 714
Linda

I am so sorry you are having to go through this with your employer. I am sure the stress of all this is not doing your RA any good.

I agree with everything that Rich has said.

I am lucky, when I was diagnosed two and half years ago my company offered for me to work from home two days a week. I am an Admin Manager. It has worked wonderfully as to be honest I get more work done at home than I do in the office as there are less interruptions. As you say it is easy to log into your computer at work and, if like me, you have everything to hand and the only difference is that you are not physically there. I am also available on my mobile should the company need me at any time. I manage other staff and being in work on a Tuesday and Thursday has not had an impact on my management.

The up side is that, apart from a week off at the end of January when I was in hospital for a knee replacement I have had no time off sick. Five days after the operation I was logging into work and carrying on as normal. My fatigue is a lot less, the pain is a lot less and I feel that I am giving 110% to my job.

I do hope that your company will listen to you and that you are able to stay in your job.

Jackie
xx
jenni_b
#4 Posted : Monday, June 20, 2011 9:48:19 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 12/3/2009
Posts: 2,237
Location: nr Southampton
I dont have much constructive things to say other than THEY ARE ROTTERS AND SHOULD BE ASHAMED OF THEMSELVES.Mad

nras have an employment expert you can speak to direct. i caNt see that with occupational healths recommendation they have a leg to stand on. this is bullying- RA is listed under named conditions on DDA. nras do an employers booklet whhich i would give them.

alternative orrifices for booklet insertion i can think of.....Scared Blink Laugh


how to be a velvet bulldoser
Rose-B
#5 Posted : Tuesday, June 21, 2011 10:14:49 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 4/20/2010
Posts: 1,749
Location: Somerset
So sorry to hear that they are putting you in this position it appears to be out rageous
Certainly give NRAS helpline a call and see what they suggest, and Rich, as always has commented brilliantly.

Good luck and try and keep calm or you will be really poorly again


Rose
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