Forced to leave job for health reasons after 5 years- was I treated inappropriately?

Shadowdancing

Hi all, I used to work in a full on customer services environment, face to face, open office layout. During this time it became apparent that I suffered extreme bouts of sleepiness and would actually doze off at my desk. Ultimately I was diagnosed by a sleep specialist with a chronic disorder similar but not as extreme as narcolepsy. Medication managed it well for some time but after a few years the effectiveness deteriorated. The best course of action was being explored but the specialist was working out of a different office and hard to locate. Unable to stay awake continually although my sleepiness bouts were brief, I was asked not to come in to work and in that time being concerned about my future I tried to get alternative employment- I did, but not very well paid, however I did feel this might be my only option as it was 'back work', office support rather than customer facing. When I asked my employer about being moved from my current role I was told they could not- even though this is a huge government department- and I asked if I'd have to take alternative employment and was told yes. Now I am wondering if they acted within the law and if I have accepted being treated pretty badly? In the course of my illness their own statements declared my condition as 'would be considered a disability under the disability discrimination act.'

Takeaway_Addict

Shadowdancing wrote: »

Hi all, I used to work in a full on customer services environment, face to face, open office layout. During this time it became apparent that I suffered extreme bouts of sleepiness and would actually doze off at my desk. Ultimately I was diagnosed by a sleep specialist with a chronic disorder similar but not as extreme as narcolepsy. Medication managed it well for some time but after a few years the effectiveness deteriorated. The best course of action was being explored but the specialist was working out of a different office and hard to locate. Unable to stay awake continually although my sleepiness bouts were brief, I was asked not to come in to work and in that time being concerned about my future I tried to get alternative employment- I did, but not very well paid, however I did feel this might be my only option as it was 'back work', office support rather than customer facing. When I asked my employer about being moved from my current role I was told they could not- even though this is a huge government department- and I asked if I'd have to take alternative employment and was told yes. Now I am wondering if they acted within the law and if I have accepted being treated pretty badly? In the course of my illness their own statements declared my condition as 'would be considered a disability under the disability discrimination act.'

Your post is very vague with no specific incidences so for anyone to say yes or no would be practically impossible.

Best to concentrate on the new job and getting the issues sorted rather than wasting time and energy otherwise IMO.

Undervalued

Shadowdancing wrote: »

Now I am wondering if they acted within the law and if I have accepted being treated pretty badly? In the course of my illness their own statements declared my condition as 'would be considered a disability under the disability discrimination act.'

Your illness being a disability (for employment law purposes) only requires them to make "reasonable adjustments". Although more is generally expected of a large firm than a small business "reasonable adjustments" don't go anything like as far as many people fondly imagine. The fact that some firms do far more than the minimum the law would require doesn't mean everybody has to.

Ultimately only a tribunal can decide if they did all the law required and only you can decide if it is a battle worth fighting.

If you are considering it then you need proper one to one legal advice.

sangie595

And to add, if this was more than three months ago (six at a stretch but probably wouldn't apply to your case) then it is too late to do anything; and if you can't demonstrate a full record of asking for adjustments, grievances about not being offered them and so on, it will be very hard to argue a case. Effectively what you seem to describe is "you couldn't do the job, you asked for a move, were told no and so got another job" - that wouldn't be a strong argument for you having done anything other than having accepted the answer.