Help please. What to do about discrimination at work.

Suesue914

Hi all.

Im a long time lurker on these boards so please be gentle with me.
I will try to explain my situation as fully as I can.

I work for a large retail company and 6 months ago I got done for misconduct in which the outcome of that was I got a written warning. I felt it was harsh so I appealed this but unfortunately my appeal wasnt successful so the warning was upheld.
Now to the letter of the law, what I did wrong was misconduct but there were circumstances that day in the fact that I hadnt been well so my mind wasnt 100% focused on the job in hand. My manager could have chosen to just tell me off about this but chose to give me a warning. Fair enough, very harsh but I could accept this if other members of the team were treated in this way but not a single person has even been spoken to let alone given a warning for doing exactly the same thing wrong as I did.
The problem now is my mental health has really suffered as a result of this. I constantly see people doing exactly the same thing wrong and nothing is ever said. I dont want my fellow colleagues getting into trouble I just want us all to be treated the same.
Ive had real problems getting to sleep and had to get sleeping tablets off the doctor. I suffer from anxiety anyway but its gotten a lot lot worse over the last 6 months since the initial incident and Ive felt so down every time Im in work and have started having panic attacks which Ive never had before so am now on tablets for that too.
I spoke to another manager about this and they were very sympathetic and suggested a meeting between me and the first manager so I could state how I felt as my work has suffered as a consequence of this.
Im happy to do this as I feel I need to get how I feel off my chest but even if I do the last 6 months of misery cant be erased and the manager wont be able to justify treating me differently.

Is there anything else you guys can suggest I do? Thanks for reading. Sorry the post was so long.:beer:

tomtontom

I would suggest looking for a new job.

Suesue914

I have started looking for a new job in the last few weeks but on the other hand I feel that I shouldnt have to do that as apart from this one person I get on really well with everyone else and I used to really enjoy my job.

cazziebo

You say what you did was misconduct and the company dealt with that as per their disciplinary code. You have to accept that and move on.

What happens in other cases and to other people is irrelevant. The meeting with the manager as suggested might be a good idea - you will probably find the manager has a completely different perspective on the situation, and might even be surprised you have reacted in this way.

However, the level of anxiety you have expressed over this is concerning. I'm not sure you are up to that kind of conversation when you are feeling so low. Is there someone else - a good listener - you can talk this all over with?

jobbingmusician

Another point - written warnings expire after a fixed period of time, usually 6 months. It might help you to move on from this if you read the company disciplinary policy and established what the time frame is for expiry of this offence.

Sinhanada

From what I can read you feel you are being victimised as opposed to being discriminated against. If this is the case, and it is how you feel I would suggest having a talk with your HR department as they should be the first people who can help and will discuss this with your manager.

What you may not be aware of is that other members of the team have been spoken to and or had warnings given. When these are done they are not always common knowledge and a good manager would certainly not (or certainly should not) advertise what has happened.

As for the misconduct, what was this and how do you see other people doing the same and getting away with it?

PHILANTHROPIST

Suesue914 wrote: »

I have started looking for a new job in the last few weeks but on the other hand I feel that I shouldnt have to do that as apart from this one person I get on really well with everyone else and I used to really enjoy my job.

I respect TomTom's view, but take the opposite view. Do not look for a new job, unless it is absolutely necessary to do so.

I have dealt with numerous discrimination cases. It is conceivable that if you see your GP that you may in fact be suffering from work related stress, anxiety and/or depression. If so, then you may well be categorised as being disabled in the workplace under the Equality Act 2010. If so, your employer must be made aware. They then have a duty to make reasonable adjustments and any further alleged discriminatory practices would (if proven) be unlawful.

It's a reasonably complex area of law, and discussing such matters may well in itself cause further anxiety. But a good employer should help you through this. A bad employer may well end up in court.

Suesue914

Thanks for all your replies so far. Its really appreciated.
Yes what I did was misconduct and although it was extremely harsh and its not something Ive done wrong before, I would be able to get over it quicker if others were treated in the same way or even just spoken to which hasnt happened ever.
Ive spoken to 2 of my former managers who both said they wouldnt have put anyone on a warning for it and they cant understand why this manager has.
Ive never done anything (as far as I know) to upset this manager and just get on with my job.
I dont want any of my colleagues to get warnings for this misconduct. All I want is for them to be spoken to which is what I believe should have happened with me as it was a one off incident.
Im now under a different manager which is fine but the old manager is still there that gave me the warning and they are still not doing anything about anyone else. I spoke to my new manager and they also gave me the impression they wouldnt have given me a warning either and have never done so previously for similar incidents.

ohreally

Given your history, your current situation and your state of mind, have you considered joining a union? The situation is unlikely to improve of its own accord.

Suesue914

Apologies if I have missed out any questions that have been asked of me. I will try to answer them all now.
I guess one of the main reasons for my annoyance is that what I did wrong was not completing some paperwork that needed doing before I left that day. Like I have said I wasnt well that day and it slipped my mind. What I think is hard for me to take is that Ive always completed this paperwork in the past whenever I have had to do it and in fact it isnt even my job as the person who usually does this was off sick that day. I was 50 50 about going into work that day as I wasnt well and this is the one day I get pulled up about something that no one has ever been pulled up for to my knowledge and I have asked them and no one has been pulled up on since.
I have spoken to a rep who suggested mediation between me and the manager that gave me the warning. All I want to know is why it was ok to give me a warning and not do anything or say anything to other people who do the job far more often than I do. I was only doing it that day as cover.
My warning lasts for a year so I have 6 months to go before it is off my record. When I initially got the warning I thought that I would be upset for a bit but would get over it but Im still as angry and upset as the day I got it. My work in the past has never been called into question before.

PHILANTHROPIST

Suesue914 wrote: »

Apologies if I have missed out any questions that have been asked of me. I will try to answer them all now.
I guess one of the main reasons for my annoyance is that what I did wrong was not completing some paperwork that needed doing before I left that day. Like I have said I wasnt well that day and it slipped my mind. What I think is hard for me to take is that Ive always completed this paperwork in the past whenever I have had to do it and in fact it isnt even my job as the person who usually does this was off sick that day. I was 50 50 about going into work that day as I wasnt well and this is the one day I get pulled up about something that no one has ever been pulled up for to my knowledge and I have asked them and no one has been pulled up on since.
I have spoken to a rep who suggested mediation between me and the manager that gave me the warning. All I want to know is why it was ok to give me a warning and not do anything or say anything to other people who do the job far more often than I do. I was only doing it that day as cover.
My warning lasts for a year so I have 6 months to go before it is off my record. When I initially got the warning I thought that I would be upset for a bit but would get over it but Im still as angry and upset as the day I got it. My work in the past has never been called into question before.

My feedback remains as before, but I speak as a lawyer and sometimes miss the more practical alternatives which other members contribute.

Back to the law or good practice. You could raise a grievance re the person who appears to have treated you less favourably than others. Tie that in with a visit to GP and feedback to employer (preferably in writing) as suggested and your employer would be plain stupid not to take you seriously and offer you some reasonable and mutually acceptable workplace adjustments. Mediation rarely works. Taking control may work.