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Demotion - Possible Disability Discrimination (Long one, sorry)
Emmylou_2
Posts: 1,049 Forumite
First, a bit of background. I was diagnosed with bipolar disorder about eight years ago. I am relatively stable on medication, with a couple of "minor" episodes a year. I have not been hospitalised. I average about 30 sick days a year, and have for the past five or six years. Nothing has changed recently.
I joined my employer as a supervisor in December 2007. I was open with them about the bipolar from the start, and was seen by the firm's Occupational Health Doctor before my offer of employment was confirmed. This was my first supervisory position and I found it pretty tough going. I was in a department I'd never worked in, supervising a team of 15 people. This was the biggest team in the firm. As well as being a supervisor, I also performed the same role as the people I supervised.
My employment was confirmed at the end of my three month probation period and in my first appraisal I was given a 3 (good performance across all areas). I knew that there were areas where I could improve, and regularly met with my Line Manager to see how we could improve on these. I asked for training on areas where I felt I needed improvement, and worked hard to do my job. I had "issues" with one of the people I worked for, but was not the first and will not be the last to struggle to work for him!
A year ago, I changed department to one where I had previous experience, still as a Supervisor. I felt that I was doing very well in this department, I enjoyed the job and had learned from some of the errors I'd made in my first role. I have a very good relationship with the people I work for.
Health wise, my bipolar was the same as always, but I was also diagnosed with ME at around Easter time, following an autumn/winter where I was pretty much constantly on antibiotics, culminating in pneumonia at Christmas. This hit me pretty hard, I found things very hard going physically. I was very tired, not sleeping properly etc.
I was still having regular catch ups with my Line Manager, and these seemed to be going well. In my appraisal this year, I was again given a 3. There were areas to improve, and I was given LOTS of objectives, which I started to work towards.
In August/September this year, everything got to me a bit. I was in the process of appealing a DLA decision, moving house, trying to sort my finances out etc. My Line Manager/HR suggested that I take a temporary step back, and give up the Supervisor role for a three month period, so that I could focus on doing the base job properly, get my confidence back and start having some positive feedback. At first I didn't want to do this but then agreed. The three month period was due to end in mid-December. My Line Manager and I agreed that the tasks would be phased back to me at this point, rather than all dumped on me in one go.
I had a blip with my bipolar during this period – I was off work for a week and a half, signed off by my GP. During my return to work interview I said that I didn't want the supervisor job back. This was at the beginning of November.
A couple of days later I caught up with my Line Manager again and said that I had changed my mind, and that I did want to do the Supervisory job again. However, I said that I'd rather wait until mid-January as I am undergoing a major medication change over Christmas and should be back on form by mid-January.
I had discovered that two of my medications were clashing with each other, making my bipolar symptoms (mood swings) appear worse than they are. With the full support of my GP I am coming off all medication because we have doubts over my diagnosis! I have told work that there are going to be changes, but not the reason why. I have chosen Christmas to make the changes as then if there are any side effects, I am at home for a couple of weeks and don't need to have any time off sick. I have cut my medication in half in preparation for this and am feeling fabulous, much more in control and less muggy headed.
I then received a meeting appointment from the HR Manager to discuss my previous conversation with my Line Manager.
I went into this meeting ready to discuss how the hand back of my role will happen, the fact that I'm feeling much better, and that I'm ready to face the world.
The first thing I was asked was how I was feeling about taking on the Supervisor role again. I said I was really looking forward to it and ready for the challenge. I was then told, in no uncertain terms, that I will not be getting the Supervisor role back, that Occupational Health (who I had a two minute call with a couple of days previously when I said I was feeling well) could not support it and therefore the firm would be keeping me at the lower level.
Obviously, I got upset but carried on with the meeting. I tried to explain the changes that had already happened and that I expected good things. However, I was told that the decision had been made but "don't worry, we won't be reducing your salary".
I was then told that my Supervisory job had already been offered to someone else, but that if I proved myself over the next six to twelve months then if a similar position becomes available (there are four in the office) then I could apply – but that they couldn't guarantee I would be given it.
I have asked the HR Manager for the firm's reasons in writing and she says I'll have these at the end of the week.
I'm sorry for the essay but once I started writing this, it all seemed to flow. What I'd like to know is (a) whether they can actually take my job away from me and promote someone into my position, (b) what I can do about this, bearing in mind I'd like to remain with the firm – not least because there aren't any other jobs out there- without rocking the boat too much or (c) what my next steps should be.
I joined my employer as a supervisor in December 2007. I was open with them about the bipolar from the start, and was seen by the firm's Occupational Health Doctor before my offer of employment was confirmed. This was my first supervisory position and I found it pretty tough going. I was in a department I'd never worked in, supervising a team of 15 people. This was the biggest team in the firm. As well as being a supervisor, I also performed the same role as the people I supervised.
My employment was confirmed at the end of my three month probation period and in my first appraisal I was given a 3 (good performance across all areas). I knew that there were areas where I could improve, and regularly met with my Line Manager to see how we could improve on these. I asked for training on areas where I felt I needed improvement, and worked hard to do my job. I had "issues" with one of the people I worked for, but was not the first and will not be the last to struggle to work for him!
A year ago, I changed department to one where I had previous experience, still as a Supervisor. I felt that I was doing very well in this department, I enjoyed the job and had learned from some of the errors I'd made in my first role. I have a very good relationship with the people I work for.
Health wise, my bipolar was the same as always, but I was also diagnosed with ME at around Easter time, following an autumn/winter where I was pretty much constantly on antibiotics, culminating in pneumonia at Christmas. This hit me pretty hard, I found things very hard going physically. I was very tired, not sleeping properly etc.
I was still having regular catch ups with my Line Manager, and these seemed to be going well. In my appraisal this year, I was again given a 3. There were areas to improve, and I was given LOTS of objectives, which I started to work towards.
In August/September this year, everything got to me a bit. I was in the process of appealing a DLA decision, moving house, trying to sort my finances out etc. My Line Manager/HR suggested that I take a temporary step back, and give up the Supervisor role for a three month period, so that I could focus on doing the base job properly, get my confidence back and start having some positive feedback. At first I didn't want to do this but then agreed. The three month period was due to end in mid-December. My Line Manager and I agreed that the tasks would be phased back to me at this point, rather than all dumped on me in one go.
I had a blip with my bipolar during this period – I was off work for a week and a half, signed off by my GP. During my return to work interview I said that I didn't want the supervisor job back. This was at the beginning of November.
A couple of days later I caught up with my Line Manager again and said that I had changed my mind, and that I did want to do the Supervisory job again. However, I said that I'd rather wait until mid-January as I am undergoing a major medication change over Christmas and should be back on form by mid-January.
I had discovered that two of my medications were clashing with each other, making my bipolar symptoms (mood swings) appear worse than they are. With the full support of my GP I am coming off all medication because we have doubts over my diagnosis! I have told work that there are going to be changes, but not the reason why. I have chosen Christmas to make the changes as then if there are any side effects, I am at home for a couple of weeks and don't need to have any time off sick. I have cut my medication in half in preparation for this and am feeling fabulous, much more in control and less muggy headed.
I then received a meeting appointment from the HR Manager to discuss my previous conversation with my Line Manager.
I went into this meeting ready to discuss how the hand back of my role will happen, the fact that I'm feeling much better, and that I'm ready to face the world.
The first thing I was asked was how I was feeling about taking on the Supervisor role again. I said I was really looking forward to it and ready for the challenge. I was then told, in no uncertain terms, that I will not be getting the Supervisor role back, that Occupational Health (who I had a two minute call with a couple of days previously when I said I was feeling well) could not support it and therefore the firm would be keeping me at the lower level.
Obviously, I got upset but carried on with the meeting. I tried to explain the changes that had already happened and that I expected good things. However, I was told that the decision had been made but "don't worry, we won't be reducing your salary".
I was then told that my Supervisory job had already been offered to someone else, but that if I proved myself over the next six to twelve months then if a similar position becomes available (there are four in the office) then I could apply – but that they couldn't guarantee I would be given it.
I have asked the HR Manager for the firm's reasons in writing and she says I'll have these at the end of the week.
I'm sorry for the essay but once I started writing this, it all seemed to flow. What I'd like to know is (a) whether they can actually take my job away from me and promote someone into my position, (b) what I can do about this, bearing in mind I'd like to remain with the firm – not least because there aren't any other jobs out there- without rocking the boat too much or (c) what my next steps should be.
We may not have it all together, but together we have it all :beer:
B&SC Member No 324
Living with ME, fibromyalgia and (newly diagnosed but been there a long time) EDS Type 3 (Hypermobility). Woo hoo :rotfl:
B&SC Member No 324
Living with ME, fibromyalgia and (newly diagnosed but been there a long time) EDS Type 3 (Hypermobility). Woo hoo :rotfl:
0
Comments
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(a) whether they can actually take my job away from me and promote someone into my position,
I don't think they took it off you, from what I read you gave it up.what I can do about this, bearing in mind I'd like to remain with the firm – not least because there aren't any other jobs out there- without rocking the boat too much
It seems to me that the reason you are here is not because of your skills or experience, but because of your medical condition.
I suspect the paperwork you have requested will confirm this.
You also need occy healths version of events and opinion.
Good luck, it makes a refreshing change to see someone hold down a career with your medical history.
Vader0 -
TBH Emmylou, I think your employer is being very fair. They could not hold the position open for you indefinitely.
I can understand OH being reluctant to recommend you go back into your old role, especially with you coming off your medication. You are aware that it could take a long time for your moods to regulate? Your hope of being back to normal by mid January is rather optimistic.
I would focus on your health for the time being, see how your med changes affect you, and then look at your career when things are back to normal.Gone ... or have I?0 -
You told them you didnt want to go back as a supervisor in effect you resigned that position. You cant change your mind without their agreement.
Tbh you should count yourself lucky you still have a job as bi polar or not you clearly could be dismissed permanently on capability grounds.
30 days sick a year is actually over 10% of working time.0 -
Tbh you should count yourself lucky you still have a job as bi polar or not you clearly could be dismissed permanently on capability grounds.
30 days sick a year is actually over 10% of working time.
I know that 30 days sick is over 10% of work time. They knew my sick record and my mental health issues BEFORE they offered me the job. Nothing has changed. And I don't get paid for most of this sick time, other than the 10 days in my contract - same as everyone else.
I am capable of doing my job. If I wasn't, then they had opportunities to assess me as such - my probation review and my annual appraisals since. If I wasn't doing the job properly, they had the ability to not mark me as meeting expectations and/or start the capability procedure. They chose not to do this. Despite the bipolar, I am actually very good at what I do.You told them you didnt want to go back as a supervisor in effect you resigned that position. You cant change your mind without their agreement.
I said to my Line Manager that I didn't want the job back in a return to work interview. I then changed my mind two days later. Nothing was in writing at any point. As far as I knew, I had until mid-December - when I was expecting to have to decide to either step back into the role or choose to relinquish it.
If I can't change my mind - then how come they can. At first it was a three month period where I would take a step back, re-evaluate and then take the step back up. It's now the end of that time and I feel ready to take the job back.You are aware that it could take a long time for your moods to regulate? Your hope of being back to normal by mid January is rather optimistic.
Yes, I know this. However, apart from a blip recently (when an extra medication was re-added into the mix), I have been stable for about twelve months. I have looked into this with my GP and he is fully supportive. If he hadn't been (and he is an old school GP) then he would've said so and I would have listened. However, the past couple of weeks (since I have been back off the medication that sends me "actively" loopy and weaning myself off the handful of anti-psychotics, anti-depressants, anxiety medication etc) then I actually feel normal. My best friend - who knew me before diagnosis and has supported me throughout - says I'm like the person she met ten years ago, which to me says more than a two minute conversation with Occ Health.We may not have it all together, but together we have it all :beer:
B&SC Member No 324
Living with ME, fibromyalgia and (newly diagnosed but been there a long time) EDS Type 3 (Hypermobility). Woo hoo :rotfl:0 -
Do you not have a psychiatrist or CPN? My GP will not touch my meds without input from the MH Team.
I have a tendency to take myself off my meds, and for the first few weeks I feel great. Then the meds are out of my system, and the moods come back. I hope this will not be the case with you, but I would be aware that it may happen.
I have no doubt that you are capable of doing your job when you are at your best/ stable, however the requirements of any job (especially a supervisory role) is that you are continuously capable of doing the job. This is where your problem lies, and you need to prove your reliability before going back to a senior role.Gone ... or have I?0 -
I know that 30 days sick is over 10% of work time. They knew my sick record and my mental health issues BEFORE they offered me the job. Nothing has changed. And I don't get paid for most of this sick time, other than the 10 days in my contract - same as everyone else.
I am capable of doing my job. If I wasn't, then they had opportunities to assess me as such - my probation review and my annual appraisals since. If I wasn't doing the job properly, they had the ability to not mark me as meeting expectations and/or start the capability procedure. They chose not to do this. Despite the bipolar, I am actually very good at what I do. You were capable, however its impossible to tell if you are actually capable now
I said to my Line Manager that I didn't want the job back in a return to work interview. I then changed my mind two days later. Nothing was in writing at any point. As far as I knew, I had until mid-December - when I was expecting to have to decide to either step back into the role or choose to relinquish it.
If I can't change my mind - then how come they can. At first it was a three month period where I would take a step back, re-evaluate and then take the step back up This isn't quite true as you were going to have your jobs drip fed back in. It's now the end of that time and I feel ready to take the job back.
The way I see it is that you changed your mind first and the company are now accepting the first choice
Yes, I know this. However, apart from a blip recently (when an extra medication was re-added into the mix), I have been stable for about twelve months. I have looked into this with my GP and he is fully supportive. If he hadn't been (and he is an old school GP) then he would've said so and I would have listened. However, the past couple of weeks (since I have been back off the medication that sends me "actively" loopy and weaning myself off the handful of anti-psychotics, anti-depressants, anxiety medication etc) then I actually feel normal. My best friend - who knew me before diagnosis and has supported me throughout - says I'm like the person she met ten years ago, which to me says more than a two minute conversation with Occ Health. Yes but does she employ you......
hope things work out for you but I think the company have been more than fairSShhhhhhhhhhhhhhhhhhhhhhh0
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