Is this discrimination?

indierocker85

Hi

My partner has a lifelong problem with her leg, which she is due to see a specialist about.

She has an 8 hour contract at her workplace yet works far more hours than her contract. Recently, her boss called a meeting with everyone and wanted to know why everyone was unhappy etc. They discussed issues etc etc. He then went on to say that the total distributable labour hours for the store was to go up to 250 hours. So people could have increased contracts if they wanted them.

My other half said she wanted one and her employer said "The company isn't willing to increase yours at the moment in case you have to have an operation or something on your leg."

I think this is disgusting and surely can't be fair. She is always there when they need her. And works far more hours atm than anyone else anyway. Yet they won't increase her contract.

Googlewhacker

The manager is an idiot for saying it but I would have thought unless it is covered by the DDA there is nothing she can do as it would not be discriminatory by law.

Has she mentioned about having time off? I can see why the company want to lessen their liability (doesn't mean I agree with it though), do they pay contractual sickness?

indierocker85

Unsure, would she be best to perhaps go and speak to Citizens advice?

Googlewhacker

she would be better giving ACAS a call, also can she prove what was said, was it said infront of anyone else?

silkyuk9

As one of the above said he was stupid to say what he did, her contract says 'x' ammount of hours and the company are within their rights not to increase hours if they do not wish to do so. Im not really sure what you can do, maybe speak to your union regarding what he said, however, im sure he proberly would only get a ticking off as its not his company is it? I dont really think your other half would get an increase as the higher management would just say that was an innapropriate thing to say from the other manager and we will deal with that internally (and nothing would be done).

indierocker85

It was said in front of her workmates.

If they are offering increased hours to everyone, and basically ASKING who wants them. Why should she be any different to the others, just because she is due to see a specialist about her leg? It's not like she's due to have an op next week or anything like that.

metalmosher

indierocker85 wrote: »

It was said in front of her workmates.

If they are offering increased hours to everyone, and basically ASKING who wants them. Why should she be any different to the others, just because she is due to see a specialist about her leg? It's not like she's due to have an op next week or anything like that.

To be honest, I think there is something wrong about this. I'm not an expert, but it feels very wrong to refuse one person specifically for this reason.

I think the only problem here would be, that discrimination cases tend to focus on getting a job or not getting a job, whereas she already has the job, and the dispute is about altering contracts etc, where I'd imagine the law is a lot more blurry.

But I wouldn't give up on it, get some more advice maybe from citizens advice bureau and argue the case. In these difficult times its great they're offering more hours, but no reason why she shouldn't be allowed to take them.

Good Luck!

silkyuk9

metalmosher wrote: »

To be honest, I think there is something wrong about this. I'm not an expert, but it feels very wrong to refuse one person specifically for this reason.

I think the only problem here would be, that discrimination cases tend to focus on getting a job or not getting a job, whereas she already has the job, and the dispute is about altering contracts etc, where I'd imagine the law is a lot more blurry.

But I wouldn't give up on it, get some more advice maybe from citizens advice bureau and argue the case. In these difficult times its great they're offering more hours, but no reason why she shouldn't be allowed to take them.

Good Luck!

I dont think there is anything the op can do about increase of hours as she has a contract, even though they are offered. Lets face it you could have a company meeting and extra hours are offered to the work force, each employee might want those extra hours, the management will give to who THEY think will make use of the hours, in terms of profitablity to the company. They do not have to say why they have chose, a,b,and c and not given the extra hours to d,e,and f. The only think they would not say id we are not giving extra hours to d,e,and f becasue they are??????? if you know what im getting at, this would be foolish as we all have rights etc. The manager who said what he did was wrong, but I feel he said it nievely and said it notthinking about it.

Even though he was wrong things cant change in terms of the management having to give extra hours to those who have missed out, unless they feel they had better give some just as a geasture.

terra_ferma

Some people here are giving you the wrong advice, their opinion but not backed up by facts.

The application of the DDA is very wide, so It's likely that if she comes under it she would have a case.
I suggest you phone ACAS, like other people have, to know for sure.

The Disability Discrimination Act

Under the DDA, it is unlawful for employers to discriminate against disabled people for a reason related to their disability, in all aspects of employment, unless this can be justified. The Act covers things like:

• application forms
• interview arrangements
• proficiency tests
• job offers
• terms of employment
• promotion, transfer or training opportunities
• work-related benefits such as access to recreation or refreshment facilities
• dismissal or redundancy
• deciding pay
• training and development
• discipline and grievances
• countering bullying and harrassment

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/YourEmploymentRights/DG_4001071

terra_ferma

silkyuk9 wrote: »

I dont think there is anything the op can do about increase of hours as she has a contract, even though they are offered. Lets face it you could have a company meeting and extra hours are offered to the work force, each employee might want those extra hours, the management will give to who THEY think will make use of the hours, in terms of profitablity to the company. They do not have to say why they have chose, a,b,and c and not given the extra hours to d,e,and f. The only think they would not say id we are not giving extra hours to d,e,and f becasue they are??????? if you know what im getting at, this would be foolish as we all have rights etc. The manager who said what he did was wrong, but I feel he said it nievely and said it notthinking about it.

Even though he was wrong things cant change in terms of the management having to give extra hours to those who have missed out, unless they feel they had better give some just as a geasture.

if what you say was true no disable person would ever get a job, as they would be likely to work fewer hours (=taking more time off) than a non-disable person.
Please don't confuse your opinion with what the law says.