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Disability and Disciplinary?
Extemporaneous
Posts: 20 Forumite
Hello, would really, really appreciate some replies to help me with this – I am terribly upset and need some good impartial advice!
Potted history of me: I have been with my employer for seven years. Four years ago, I had the first serious illness in my working life: four months off sick with depression. This has since proved to be an enduring disability, in that whilst I have continued working since then, I have never recovered my health to the point where I used to be. I have had to accept that there are certain unwelcome traits – poor concentration, scattiness about dates, memory lapses – that will not go away. Worst of all, I now have a stammer – which worsens under stress – and I am just SLOWER. Everything takes me an age to do, it is very frustrating.
When I returned to work after the illness in 2006, it was on a phased return – working up from shorter hours, to full time. My Manager at the time was not sympathetic: and lack of sympathy rapidly turned into outright bullying. I had a miserable time – I was put on an Action Plan at one point - but kept doggedly complaining about the treatment (including submitting a grievance) until eventually, in June 2009, I was placed in another job in another part of the organisation, away from the bully.
I was relieved about the move, and tried very hard with the new job even though it is by no means a good ‘fit’ – it is demanding and has lots of deadlines, planning and organising and multi-tasking, which is pretty difficult for me in my new, slower state! My new managers seemed reasonable though, and I got quite positive verbal feedback from them through the year.
However! at the end of the year, an appraisal was done and although I was given a grading that passes me as competent to do the job, the appraisal contained comments – under a ‘for development’ section – which I found devastating. Like: ‘does not prioritise’; ‘lack of communication skills’; ‘lack of confidence’; ‘puts too much detail into work and is slow to complete’.
I was awfully shocked because none of this had been brought up as a problem during the year. But, more to the point, I immediately recognised that nearly all of the comments I found devastating,were actually linked to my disability.
When I said this to my manager, I was met with disbelief. I was told that nothing of my illness and subsequent history had been passed along when I moved jobs. All that my new manager had been told was that I was moving jobs because of “issues” with my old manager.
This really affected me negatively, and my health has deteriorated because of it. The depression has worsened and the unwelcome traits are worsening, too.
I asked for an assessment to be done, to take into account my disability because I felt it was unfair that the comments made should be presented on my personnel record as ‘failings’ and that some reasonable adjustments could, and should be made to accommodate the disability. I knew that this request was not met with delight, but it did take place, two weeks ago and I have been awaiting an outcome.
Today, my manager has given me a letter inviting me to attend an investigatory interview, the start of Managing Performance (or disciplinary) procedures. The meeting is to look at my ‘conduct and performance over the last 3 months’ and has given me nothing specific to go on, it has just quoted the personal characteristics (or ‘behavours’) from the job specification for my role: teamworking, problem solving, effective communication, etc.
To say I am distraught is an understatement. Please, what should I do? Any answers very gratefully received. Thank you.
Potted history of me: I have been with my employer for seven years. Four years ago, I had the first serious illness in my working life: four months off sick with depression. This has since proved to be an enduring disability, in that whilst I have continued working since then, I have never recovered my health to the point where I used to be. I have had to accept that there are certain unwelcome traits – poor concentration, scattiness about dates, memory lapses – that will not go away. Worst of all, I now have a stammer – which worsens under stress – and I am just SLOWER. Everything takes me an age to do, it is very frustrating.
When I returned to work after the illness in 2006, it was on a phased return – working up from shorter hours, to full time. My Manager at the time was not sympathetic: and lack of sympathy rapidly turned into outright bullying. I had a miserable time – I was put on an Action Plan at one point - but kept doggedly complaining about the treatment (including submitting a grievance) until eventually, in June 2009, I was placed in another job in another part of the organisation, away from the bully.
I was relieved about the move, and tried very hard with the new job even though it is by no means a good ‘fit’ – it is demanding and has lots of deadlines, planning and organising and multi-tasking, which is pretty difficult for me in my new, slower state! My new managers seemed reasonable though, and I got quite positive verbal feedback from them through the year.
However! at the end of the year, an appraisal was done and although I was given a grading that passes me as competent to do the job, the appraisal contained comments – under a ‘for development’ section – which I found devastating. Like: ‘does not prioritise’; ‘lack of communication skills’; ‘lack of confidence’; ‘puts too much detail into work and is slow to complete’.
I was awfully shocked because none of this had been brought up as a problem during the year. But, more to the point, I immediately recognised that nearly all of the comments I found devastating,were actually linked to my disability.
When I said this to my manager, I was met with disbelief. I was told that nothing of my illness and subsequent history had been passed along when I moved jobs. All that my new manager had been told was that I was moving jobs because of “issues” with my old manager.
This really affected me negatively, and my health has deteriorated because of it. The depression has worsened and the unwelcome traits are worsening, too.
I asked for an assessment to be done, to take into account my disability because I felt it was unfair that the comments made should be presented on my personnel record as ‘failings’ and that some reasonable adjustments could, and should be made to accommodate the disability. I knew that this request was not met with delight, but it did take place, two weeks ago and I have been awaiting an outcome.
Today, my manager has given me a letter inviting me to attend an investigatory interview, the start of Managing Performance (or disciplinary) procedures. The meeting is to look at my ‘conduct and performance over the last 3 months’ and has given me nothing specific to go on, it has just quoted the personal characteristics (or ‘behavours’) from the job specification for my role: teamworking, problem solving, effective communication, etc.
To say I am distraught is an understatement. Please, what should I do? Any answers very gratefully received. Thank you.
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Comments
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The difficulty here is, whilst reasonable adaptations should be made, you still need to be capable to do the role. I would try to see this as a positive opportunity - you have acknowledged that you do have these issues, so you can work with your employer to find ways to improve on them. Would a referral to Occupational Health be helpful? Perhaps you could independently research ways to improve in these areas, whether they be by therapies or organisational techniques?Gone ... or have I?0
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having a disability does not mean you have an excuse not to be able to do the job. They should make reasonable adjustments but at the end of the day if you are not capable then it is not a get out of jail card.The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!
If I give you advice it is only a view and always always take professional advice before acting!!!
4 people on the ignore list....Bliss!0 -
Thanks for the reply DMG, yes, I am considering asking for a referral to Occupational Health as I recognise my health is deteriorating and I do want to hang onto my job!
It is very hard to see this as a positive opportunity though, with the full weight of disciplinary procedures hanging over me
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Googlewhacker wrote: »having a disability does not mean you have an excuse not to be able to do the job. .
I was not looking for an excuse not to do the job Googlewhacker, in fact I have put nearly all of my effort in the last 4 years into keeping a job. As anyone with depression can attest, this is an exhausting and uphill process!
And I have been graded as 'competent' to do the job.0 -
Extemporaneous wrote: »I was not looking for an excuse not to do the job Googlewhacker, in fact I have put nearly all of my effort in the last 4 years into keeping a job. As anyone with depression can attest, this is an exhausting and uphill process!
And I have been graded as 'competent' to do the job.
So do you not believe that what they put for development as actually for development....regardless of the disability or not?The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!
If I give you advice it is only a view and always always take professional advice before acting!!!
4 people on the ignore list....Bliss!0 -
You appear to qualify as disabled under the Act. This gives you certain protections and the employer certain responsibilities - but it isn't a free pass. Your post is very lucid - so you obviously understand and mediate information well. If you have not declared yourself as disabled under the Act, you need to consdier whether you think you qualify and if do think so, you should tell your employers. This will ensure that they must take into account reaosnable adjustments that will enable you to perform your job. The onus is then on the employer to show that you cannot perform the job as well as someone without a disability with any reasonable adjustments. But it still isn't a "free pass" - you need to actively particpate in the assessment process to see if adjustments can be made.
There isn't an easy answer here. At best it may take some "give and take" on both sides. But you need to put the ball in their court first - if you have a disability in law you must state it. Do some googling around the subject and get better informed for starters. then see where that leads you and come back with specific questions.0 -
There isn't an easy answer here. At best it may take some "give and take" on both sides. But you need to put the ball in their court first - if you have a disability in law you must state it. Do some googling around the subject and get better informed for starters. then see where that leads you and come back with specific questions.
Is there a formal way for ths to happen or could the OP just tell the employer they are covered by the DDA?The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!
If I give you advice it is only a view and always always take professional advice before acting!!!
4 people on the ignore list....Bliss!0 -
Googlewhacker wrote: »Is there a formal way for ths to happen or could the OP just tell the employer they are covered by the DDA?
The OP needs to look at the criteria (which by the description here, probably qualfies) and then simply inform the employer. An employer has a defence if they have never been informed that disability is an issue. Obviously, informing them in writing - and keeping a copy.0
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