Possible disability discrimination - what should I do?

Millysmammy

Thanks unsure, I already called into the job centre last week to request to see one, but she's on leave (just my luck)! Hopefully she'll get back to me when she has a chance.

KiKi, I think you're probably right - the stress is pretty much killing me and the pay isn't great. But it's also the most I've ever had, the mining town I come from only has pubs and gambling holes now, nothing else ;_:

I think I'll talk it through with my family and see what they're happy with, especially seeing as I'm sponging off them at the moment.

And seriously, don't feel bad for me - I've got off lightly compared to most of the others! At least I managed to save up enough to clear nearly all of my debt, have somewhere to stay and am doped up to my eyeballs on medication, so life could be tons worse! Maybe it's the impetus I need to change my life so I might start studying again.

Stay happy!

Millysmammy xx

PS KiKi, what do you mean 28 days, we get 25 after we've worked five years??? I got 25 straight away because I'm on the old contract. You can't holiday without a good cause (hospital, family emergency or managers discretion) during the first three months probation for each job you get shifted into and can't have more than a week consecutively without written or witnessed confirmation from a manager.

Nothanks

Sorry to butt in, cause she's certainly a sharp cookie but I'm pretty sure KiKi will be referring to this:

The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)

Which I copy and pasted from directgov. My understanding is that that can include bank holidays though, so your employer could give you say, 25 days bookable leave plus bank holidays.

It does seem to me that there is a case here for Direct Discrimination, that is you seem to have been treated less favourably than another employee based on one of the Equalities Act's protected characteristics. It is however, difficult to prove at ET. Did they replace you in IT?

Millysmammy

They're currently looking for a new person to take over the role, but also do a little of the development side too (for the same wage, which I think is unfair of them - if they want more they should pay for it honestly).

My contract totals 28 days with the bank holidays, but the new contracts I've seen the new starters get only have 20 days on them, so 23 including bank holidays. They tried to give me the same contract on one of the moves and I refused to sign it until they gave me wages at the same rate and my original holiday allowance back. They blamed it on typos.

Just came back from the bank - no pay! Not even SSP - oh, well, I expected as much. The milky bars won't be on me for the moment I'm afraid.

Also, the disability adviser at the job centre won't be back until next week at the earliest. So this is taking a long time just to speak to someone.

KiKi

Millysmammy wrote: »

but the new contracts I've seen the new starters get only have 20 days on them, so 23 including bank holidays. They tried to give me the same contract on one of the moves and I refused to sign it until they gave me wages at the same rate and my original holiday allowance back. They blamed it on typos.

28 days inc BHs is the legal minimum.

23 days is unlawful, and they need to be informed; they are not allowed to not give the full 28 days, and any employee would win hands down at an ET on this basis, assuming they'd exhausted the grievance procedure at work to get the legal min they should have.

Just came back from the bank - no pay! Not even SSP - oh, well, I expected as much. The milky bars won't be on me for the moment I'm afraid.

Oh well?! Have you submitted fit notes for the time you're off? Why aren't you getting SSP?

I think you seriously need to ask for a meeting ASAP with someone senior, and someone in HR, to talk through the critical issues (not paying you) and what they are doing to find you a different role which is reasonable and meets your needs. If they cannot find a new role, they need to tell you what they are going to do instead - which may include dismissal for capability - but THEY should be managing this with your co-operation.

And get legal advice if you possibly, possibly can.

Can I also (dare I?!) recommend you go to the redundancy forums (google redundancy forum dot co dot uk) and post a messge under the employment rights section for SarEl. She is an employment barrister with a lot of experience in discrimination and ET cases, and will tell you (quite straight!) whether or not she thinks you have a case. Just post the key points, though, and she can always ask for more if she needs it. Whilst this should never, ever replace legal advice, she is a specialist barrister, so will be better informed than most other people on here, and if you can't afford advice, at least she can tell you if you have a chance of a case, in her opinion.

HTH
KiKi

zzzLazyDaisy

Millysmammy wrote: »

My contract totals 28 days with the bank holidays, but the new contracts I've seen the new starters get only have 20 days on them, so 23 including bank holidays.

In England and Wales there are 8 bank holidays each year (in Scotland they get 1st Jan as well).

It is not unusual for contracts for full-timers to say 20 days plus bank holidays (which works in employees' favour when there is an extra bank holiday like last year and this year).

On the other hand employees with contracts simply giving them the statutory 28 days inclusive of bank holidays, are not entitled to an extra day's paid annual leave for these additional bank holidays.

Millysmammy

KiKi wrote: »

28 days inc BHs is the legal minimum.

23 days is unlawful, and they need to be informed; they are not allowed to not give the full 28 days, and any employee would win hands down at an ET on this basis, assuming they'd exhausted the grievance procedure at work to get the legal min they should have.

This I was not aware of - I'll speak to HR and see if they can explain why - it's a very big company so really there's no excuse for them getting that wrong.

KiKi wrote: »

Oh well?! Have you submitted fit notes for the time you're off? Why aren't you getting SSP?

I think you seriously need to ask for a meeting ASAP with someone senior, and someone in HR, to talk through the critical issues (not paying you) and what they are doing to find you a different role which is reasonable and meets your needs. If they cannot find a new role, they need to tell you what they are going to do instead - which may include dismissal for capability - but THEY should be managing this with your co-operation.
[\QUOTE]

I've tried dealing with this directly through H|R for weeks now, and the managers above them haven't responded to me at all. I have supplied fit notes for the entire time I have been off, and kept copies of them myself too. Having checked with the bank, they have paid me £16.85 for four weeks.

KiKi wrote: »

Can I also (dare I?!) recommend you go to the redundancy forums (google redundancy forum dot co dot uk) and post a messge under the employment rights section for SarEl. She is an employment barrister with a lot of experience in discrimination and ET cases, and will tell you (quite straight!) whether or not she thinks you have a case. Just post the key points, though, and she can always ask for more if she needs it. Whilst this should never, ever replace legal advice, she is a specialist barrister, so will be better informed than most other people on here, and if you can't afford advice, at least she can tell you if you have a chance of a case, in her opinion.
[\QUOTE]

Absolutely! Any help is really appreciated and at the very least it helps me iron things out in my head! I'll pop over this evening and give it a try (would do it now, but I've decided to start studying for my criminology, psychology and forensic toxicology degree - after all this, I do think it is time for a change!), hopefully, I'll be able to put together a plan of action.

I may have some news on the Union front - I can't afford to be part of one, but my Mum is so she is going to ask her rep to see if they would be able to help anyway. He's a nice man, I've met him before, and he does call a spade a spade so I know he'll be honest with me.

Thank you all so much!

Millysmammy xx

Millysmammy

Sorry for the messy reply - I really am not used to using forums (can build a server room but not work internet)!

nightingalesgarden

I understand that you are upset and want us to understand the whole situation but could you just clarify what you want - in just a few sentences

For example - You want x job, the hours being x and you want the salary to be x.

Why you think employer should make these changes? - why do you think this will reduce the stress/impact on your health? - what reasonable adjustments do you want them to make?

You need this clarity to have a sensible conversation with your employer - and it's useful for us to give you structured advice.

So you may need an environment which has low noise levels, there are light considerations...

You also talk about lost wages/reduction in wages - could you clarify? did you lose due to additional benefits e.g. shift allowance or bonuses or did they reduce your salary - if so when?

Millysmammy

I have a form of Idiopathic Generalised Absence Epilepsy with occasional Tonic Clonic seizures and Complex Partial seizures, only 11% of epileptics are photosensitive, so light is not a consideration.

I just want to work in a safe environment (not a 3rd floor concrete balcony with a gap in the railings, no lift access if I have a fit and lots of lovely dangerous machinery) and work from 9am, not 6/7am as that means I wake up during my early morning seizures, which leaves me ill, confused and tired for the entire day, leading to more seizures.

I was working 9am til 6pm for £16000 in a job I was well appraised in and qualified for, for 5 days a week, that's all I want from them.

Millysmammy

They set me on with £16000 as my salary, which was reduced when they put me into CS to £13500. That went up to £15000 when I got into Tech and then up to £16000 in IT. When they moved me again I lost all of my bonus structure, which gave me an extra £2000 a year for hitting my targets. I don't get anything like that in the warehouse. If they move me back to CS I'll go back to £13500 and be on probation again.