Help please. What to do about discrimination at work.

PHILANTHROPIST

Undervalued wrote: »

People tend to forget that "discrimination" is perfectly lawful UNLESS it is one of the handful of types prohibited by law (race, sexual orientation, gender etc).

So, unless you can show that it was for one of these reasons that you were treated differently there is little you can do.

Can you? If not, all you can do is try and put it behind you or find another job.

You cannot make a tribunal claim about whether a warning was fair or not. Had you been dismissed your MIGHT have had a valid claim but you weren't so that option is not available.

Sorry!

There is a possibility that this matter may prima facie fall under the category of "disability" discrimination. Easy to aver, difficult to prove.

cazziebo

PHILANTHROPIST wrote: »

There is a possibility that this matter may prima facie fall under the category of "disability" discrimination. Easy to aver, difficult to prove.

Can you explain how this is disability discrimination? The OP's health issues started after the event i.e. the disciplinary. Therefore the employer can not be guilty of discrimination. The OP's words

"The problem now is my mental health has really suffered as a result of this"

I think she is confusing victimisation. I really don't see a case here.

PHILANTHROPIST

cazziebo wrote: »

Can you explain how this is disability discrimination? The OP's health issues started after the event i.e. the disciplinary. Therefore the employer can not be guilty of discrimination. The OP's words

"The problem now is my mental health has really suffered as a result of this"

I think she is confusing victimisation. I really don't see a case here.

I agree Cazzie. Mental health often pre-dates the event, but medical evidence is needed to affirm disability as per Equality Act. Then was it reasonable for employer to know this.

As I said easy to aver, difficult to prove. But, if the OP wants to know her legal options, regardless of whether they have limited or low prospects of success, then i will offer some conditional guidance. None of us know the detailed facts and circumstances, so it's all guesswork. Alternatively, I could take up gardening and golf lol

Paypeanuts

PHILANTHROPIST wrote: »

Technically, the above may be a valid assumption. Disciplinary action against other staff is meant to be a private and confidential matter. Sadly, it rarely is. .

Completely disagree with you. It may be the case in a bad working environment but I don't think you can make a sweeping statement like that.

Paypeanuts

Suesue914 wrote: »

I am obsessing about the misconduct for several reasons.
One if I wanted to move location to another part of the company the first thing that would be seen on my record is written warning so it would be near impossible for me to do so.
When on a written warning Im not eligible for any bonuses or payrises so it will affect me financially on what is already a close to minimum wage job.
Yes disciplinary is meant to be private and confidential but in reality at my place this is never true. Some of the managers are not the most professional of people to put it mildly.

Please, please move past this. You have appealed and the appeal has not been upheld. You are expending emotional energy into a situation which is a no-win.

So there is
1) one manager who sent you through a disciplinary hearing who you feel may have had a grudge against you
2) one independent manager who heard your appeal and did not find in your favour.


Try looking at it from different perspectives....maybe rather than you being 'picked on', other people who you believe have got away with it have just been lucky? Maybe this is all really just life giving you a good reason to go and find a job that will suit you better and give you some satisfaction rather than a bucket load of extra anxiety that you don't need?

PHILANTHROPIST

Paypeanuts wrote: »

Completely disagree with you. It may be the case in a bad working environment but I don't think you can make a sweeping statement like that.

Respect your view PP. I have, however, been fortunate, or unfortunate, enough to deal with many employers and my so called sweeping statement bears up with the evidence. Not all employers allow inconsistencies to go un-noticed. Further, it may be that I have not come across a statistically significant cross section of employers. So I may be wrong.

Undervalued

cazziebo wrote: »

Can you explain how this is disability discrimination? The OP's health issues started after the event i.e. the disciplinary. Therefore the employer can not be guilty of discrimination. The OP's words

"The problem now is my mental health has really suffered as a result of this"

I think she is confusing victimisation. I really don't see a case here.

I totally agree.

The level of mental illness the OP describes, which I'm sure is perfectly genuine, would seem to me to fall well short of anything that would be classed as a disability for employment law purposes.

However, even if it was a disability and if the employer had been made formally aware then they are still only required to make reasonable adjustments.

I see no evidence that the OP has been treated differently BECAUSE of the disability. The company are still entitled to "discriminate" for other legal reasons if they so choose.

PHILANTHROPIST

Undervalued wrote: »

I totally agree.

The level of mental illness the OP describes, which I'm sure is perfectly genuine, would seem to me to fall well short of anything that would be classed as a disability for employment law purposes.

However, even if it was a disability and if the employer had been made formally aware then they are still only required to make reasonable adjustments.

I see no evidence that the OP has been treated differently BECAUSE of the disability. The company are still entitled to "discriminate" for other legal reasons if they so choose.

Again in the second instance I am on balance inclined to agree.

Proving disability in this instance and assuming the facts are correct and that probative medical evidence were available will I believe be upheld by a court of law. Prima facie the prospects of success in this regard appear to be good.

Proving discriminatory practices ; now that's another matter entirely.

As said before. Easy to aver, difficult to prove.

I also agree that OP may well be better to let the matter drop. But it's her choice. If, as appears to be the case, she wants to know her legal options, regardless of how slim they may be , and that helps put the matter behind her, then so be it. I will present options, albeit heavily caveated, in due course.

Poppie68

Struggling to understand why and were disability played any part in this...The OP has given no indication that depression was a factor in making the mistake that resulted in a written warning, she seems to indicate the health problems started after the fact.

Your health is suffering now because of your inability to let it go, you seem to of questioned everyone you have come across, even ex managers...forget about what other managers would do or not do, forget if others have or not had written warnings.
You mention the financial penalties of recieving the warning, is this the real problem?

Suesue914

The financial aspect of this matter is a factor but it is minimal.
The manager in question is incompetent and having spoken to others they agree. This is mainly my issue. The manager has all the protection but where is mine?
At the time of the disciplinary my mind was on other things. I admit that. I was having issues then with my anxiety then but I dont think I have been discriminated against because of my anxiety.