Please Help - Have I been discriminated?

maccag

Hi,
Please can somebody help me and offer me some advice.

Basically I am currently on sick leave with depression and I have a Fit Note until 28 December and I am returning to work on 3 January 2012 when the company opens after the Christmas holidays. Before I went off on sick leave we were told our department was going to be having a restructure and they would be new job opportunities to start on 9 January 2012.

I have been in regular contact with my boss via the phone and via email and was shocked to find out that they held interviews for the new jobs today. Everyone within the department was sent emails with an expression of interest form. Yes these were to their work emails address but my boss has my personal email and he also has spoken to me as well as emailed me but this is the first I have heard about the jobs.


I am really upset because I have been attending college to do a course so that I can progress to a trainee and there was trainee jobs advertised. Yes I know I might not of even got an interview but surely I should have been told about the jobs even though I am on sick?

I would really appreciate some help.

Thank you.

Jarndyce

You may well have been discriminated against, because you were off sick, but that is not unlawful discrimination. You may have grounds for a grievance but if the posts have already been filled then it is difficult to see what remedy you would have.

Emmzi

is it possible that with your depression they are trying not to stress you, and you will be assessed on your return?

If that may be the case I would tell the boss you are well enough to cope with it, if you are.

bendix

There is no unlawful discrimination here. They are simply not offering you the chance to apply for the jobs available, presumably because you have been on sick leave for depression.

No offence, but does that really surprise you?

Anyway, you wouldn't have been able to attend the interviews, would you? Because you're to sick to work.

Emmzi

bendix has a history of not believing depression is a real illness. I find it best to ignore him/her. Many employers are not as thick.

scheming_gypsy

Step 1 - speak to your them.

Until you do you won't know if you've been discriminated against, if somebody forgot you were off, or even if they typed your email address in wrong and you didn't get the email. For all you know they could be wondering why you never applied for one of the jobs.

saintjammyswine

Emmzi wrote: »

bendix has a history of not believing depression is a real illness. I find it best to ignore him/her. Many employers are not as thick.

Dont get that from the post, sorry.

Uncertain

saintjammyswine wrote: »

Dont get that from the post, sorry.

Not from that one post maybe.....

saintjammyswine

OK, getting the feeling there is history here lol!

Just like an old friend & CAs!

magenta22

You should mention it to your boss when you next speak to him/her.

As others have said, it could just be because you are off sick with depression and they didn't want to cause you more stress.

maccag

Hi,

Thanks for all of your help. I have spoken to my boss and he said he did not think I could apply and I have now spoken to the Head of Department and he was shocked that I was not told and said i should have been told as the policy states everyone should be informed.

Yes I am off sick with depression but I am now on tablets and I am getting better and the job i would have applied for would have been a fresh start and I could have been interviewed when I go in for a Occupational Health meeting or even on my return.

Thanks for all of your help.