Help. Discrimantion in workplace

minigirl762003

Hi I hope someone can help. Sorry long post

My husband had epilepsy which is uncontrolled even though he is on medication. He had two tonic clonic fits within an hour a couple of weeks ago. They took a while to get over and he has been quite down since them.

He has told work about it, he works for Tesco's in the warehouse.

Today he was told by the store manager that the shutter that separates his warehouse from the main warehouse was to be kept shut at ll time, even if he was in there working. The shutter has no controls on his side of the warehouse only on the main side so he would have to bang the shutter to be let out. When he explained that this wasnt acceptable the store manager had ago at him, told him to pick up the pace of his work and if he didnt like it, to resign. My husband got upset by this (I think he has depression and we are seeing his GP tomo)

My husband phoned me to pick him up and I was fuming at the store managers attitude. I asked (demanded) to speak to the store manager. He basically told me my husband would be fine as they would 'check on him' every 30mins. That my husbands attitude was poor at the mo. I explained that my husband had spoken to his manager about his moods at the mo. The store manager then told me my husband was 'unemployable'. Due to high absent (mostly due to his fits), he wont work his hours (yes he does and they are asking people to cut their hours and my husband volunteered) and his attitude. He reakons they are supporting him but I am fuming at the way he has ben treated. The store manager has been rude and arrogant to my husband and we both feel he is trying to get my husband to resign as they have no reason to sack him.

Does he have a case for discrimanation or are we over-reacting?

sharon59

I dont know the employment laws but just wanted to say it sounds very wrong how he has been treated and make sure he does not resign.To me noone should be expected to work "locked" in whether or not they have a disibility.
I hope someone who knows more will be along soon.
wishing you both good luck
sharonx

minigirl762003

Thanks Sharon59. We have the added concern that he could have a fit while 'locked away' and as he stops breathing when he has them if he isn't 'checked on' for another 30 mins it could be devastating. We have done all we can to keep the store update about my husbands health and they just dont seem to care.

munchings-n-crunchings

Hello minigirl,

Firstly, I think there are many of us that would not want to work behind a shutter without any controls on our side, regardless of medical condition.

What you need to think about is 'reasonable adjustments' that could or should be made by the employer.

If your husband is put in a position where he has to resign, he could look at Constructive Dismissal.
Here is a link about it.
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026696

I think you need to seek professional advice. I would recommend Welfare Rights, part of your County Council.

Also think about a GP's appointment, and see if your husband would benefit from someone looking at his current medication, and the effect it is having on his quality of life.
I don't know anything about the treatment of epilepsy, but there may be some different options available to him.

Don't act in haste with the employer, get your position sorted out first, so you know exactly where you stand.

Good luck,

Munchie

Pete268

Is your husband a member of a trade union?. If so it would be worth speaking to either the Branch Secretary or Branch Equalities Officer. Or he could ring the union's helpline which most unions have.

They would be able to take on your husbands case free of charge and try to ensure a satisfactory outcome for him.

Peter

minigirl762003

Thanks Pete268. Yes he is a member of a union, we will be phoning them tomo once we have calmed down a bit.

smscat

Epilepsy is covered under the DDA which is there to provide protection for people with disabilities.

All employers have to abide by this whilst also taking into account health and safety for everyone in the workplace. Have they done a 'risk assessment' for your husband? The risk for your husband would be if he had a seizure behind the screen and no one being aware. In terms of time off sick it is considered to be 'good practice' for all employers to keep separate the time someone is off work as a result of their disability from normal sick leave. Is there anyone at work he is able to talk to other than his manager, often the situation can be resolved with support.

There are several organisations that can give specific support to people in your husbands situation. The National Society for Epilepsy has information on employment and epilepsy they also run a helpline and are happy to talk through things. Tel:01494 601 400 Mon-Fri, 10am-4pm
www.epilepsynse.org.uk

http://www.epilepsynse.org.uk/AboutEpilepsy/Livingwithepilepsy/Employment/Employees


The Disability Law Service 020 7791 9800, and the Equality and Human Rights Commission also have information helplines.

Hope this helps, sounds like the manager doesn't really understand the condition.

LittleTinker

I find it unbelievable that he works in a warehouse that locks him into a room where he cant get out if there is a fire....thats illegal to start with.

Your husband needs to see a union guy.....and as a bit of advise, you, as his wife, are better off not fighting his argument for him. It will sound better coming from your husband.

Hope it gets sorted

minigirl762003

Thanks Ts

I use to work for the dreaded Tesco and worked my way up to being a manager. So knowing the procedures they use I am flabbergasted at what is being said. If they are that concerned about his work performance they should sit him down, tell him whats wrong and performance manage him. Thuis is their procedure they are not following.

He is phoning the Union today once he has been to the GP and asking them to help. I will let you all know what the outcome is.

trevorg_2

minigirl762003 wrote: »

Hi I hope someone can help. Sorry long post

My husband had epilepsy which is uncontrolled even though he is on medication. He had two tonic clonic fits within an hour a couple of weeks ago. They took a while to get over and he has been quite down since them.

He has told work about it, he works for Tesco's in the warehouse.

Today he was told by the store manager that the shutter that separates his warehouse from the main warehouse was to be kept shut at ll time, even if he was in there working. The shutter has no controls on his side of the warehouse only on the main side so he would have to bang the shutter to be let out. When he explained that this wasnt acceptable the store manager had ago at him, told him to pick up the pace of his work and if he didnt like it, to resign. My husband got upset by this (I think he has depression and we are seeing his GP tomo)

My husband phoned me to pick him up and I was fuming at the store managers attitude. I asked (demanded) to speak to the store manager. He basically told me my husband would be fine as they would 'check on him' every 30mins. That my husbands attitude was poor at the mo. I explained that my husband had spoken to his manager about his moods at the mo. The store manager then told me my husband was 'unemployable'. Due to high absent (mostly due to his fits), he wont work his hours (yes he does and they are asking people to cut their hours and my husband volunteered) and his attitude. He reakons they are supporting him but I am fuming at the way he has ben treated. The store manager has been rude and arrogant to my husband and we both feel he is trying to get my husband to resign as they have no reason to sack him.

Does he have a case for discrimanation or are we over-reacting?

This is the Tesco diversity and inclusion policy:http://www.tescocorporate.com/plc/corporate_responsibility/good_jobs/diversity_inclusion/
so always worth sticking that in front of the manager !

minigirl762003

Well my husband has spoken to his Union rep who has said it's too big for her so has passed it to the area Rep. He will be contacting us on Monday.