am I being discriminated against at work?

spammysam

I passed two examinations and was put through for interview which I was successful! However, working for a large organisation, so were 30 others! We were all told when a position became available we would be promoted.

Then my daughter became seriously ill, and so I worked from home, still with the same employer, and still informed I was in the 'pool for promotion'. My daughter btw is severely disabled and I'm her sole career.

Then I came back to work in the workplace but then I became ill with a condition that is recognised by the DDA. I was off sick, but I'm now back at work back to my contracted hours, both my daughter and I are fit and well, and managing our disabilities.

However, when I recently asked about my promotion, I've been told that I am no longer able to be promoted as 'the system for promotion has changed'. I've since found out that since the new rules were introduced, every single on of my colleagues who were successful like me were promoted either just before, during or just after the new changes. I've been told that I have to start from the bottom again!

No one told me anything about the changes while I was off. I feel that as I was successful before thecsystem changed and that was the condition of promotion, being I was off due to an illness that is covered by the DDA, that I actually have an argument. I'm just annoyed as I personally financed five years of study to get that promotion, and now I'm bottom of the heap due to the fact I was ill. Btw I've worked for the same employer for 20 years.

Can anyone shed some light here? Do I have a cause for complaint?

DomRavioli

In my opinion, you haven't been discriminated against. The DDA was superseded by the Equalities Act (I think it was 2010, but best check that out datewise).

In order for it to be classed as discrimination, it needs to be on the grounds of one of the "protected characteristics"; one of these being disability. I'd say that in fairness, if someone cannot fulfil the job role, then they cannot be included in promotion prospects, this is regardless of reason, and usually found in the employee handbook - if you were overlooked for promotion and were in work, that would be a whole new ball game, but you need professional advice, not a forum.

From what you have put, it just seems like very unlucky timing that you missed out on promotions whilst you were unwell and unable to work. I can't see any reason why it is discrimination personally - it just seems very unlucky.

Best thing to do would be to seek legal advice in the first instance, possibly from CAB (Plenty of solicitors/legal bods/trainees do Pro Bono work for them) and have real advice from someone who is qualified to give it.

rogerblack

It is not illegal for you to happen to miss a deadline.

However.
'by the DDA' - what condition, and how long.
In order to be discriminated against on the grounds of disability, your condition needs to have been long-lasting, and ' has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.'

Do you think it likely that the rule was brought in due to then wanting to specifically target you, or is it wider?

spammysam

Hi thank you both for your replies. Re the first, technically I was 'in work' and they were supposed to inform me of the changes. They didn't write to me about anything, the reasons why etc. Re the 'disability' I had bowel cancer and am in remission. The weird thing is the promotion would have been office based and better suited to me physically as I was out of the office mostly and now still am...

ohreally

Union?

Disabled members section...http://www.unitetheunion.org/unite-at-work/equalities/equalitiessectors/disabledmembers

https://www.unison.org.uk/about/what-we-do/fairness-equality/disabled-members

Others are available.

tomtontom

How has the system for promotion changed, could you be eligible under the new scheme? Is the new system company wide or does it just apply to this one position?

stevemLS

Cancer is one of the few conditions that is automatically a disability (good news on your being in remission) but your workplace does not need to preserve things in aspic during your absence.

There are not very many "reasonable adjustments" that can or need to e made for bowel cancer, perhaps a bit of flexibility to attend appointments etc.

Unless you can show a direct link between your absence and the change in promotion process, no claim for discrimination will get anywhere.

(PS: You need to think about the Equality Act 2010 which repealed and replaced the DDA although with very similar provisions with regard to disabilities.)

tomtontom

stevemLS wrote: »

Cancer is one of the few conditions that is automatically a disability (good news on your being in remission) but your workplace does not need to preserve things in aspic during your absence.

There are not very many "reasonable adjustments" that can or need to e made for bowel cancer, perhaps a bit of flexibility to attend appointments etc.

Unless you can show a direct link between your absence and the change in promotion process, no claim for discrimination will get anywhere.

(PS: You need to think about the Equality Act 2010 which repealed and replaced the DDA although with very similar provisions with regard to disabilities.)

Or indeed an indirect link

But without knowing more about the policy it is impossible to advise further.

sangie595

I cannot see any reasonable argument that the employer changed the whole system simply to put you (directly) or disabled people (indirectly) at a disadvantage, and that would need to be what you argued. You need to show that the whole process change was designed to prevent you or some other people with disabilities out of the running for any promotions. That does not appear to be the case. You may be back at step one, but that was a result of the fact you were off sick, not because of your disability. And anyone else with a disability starting now has just as much chance of promotion as you and any non-disabled person.

And I am sorry, but more often than not people are complaining on here about the employer contacting them whilst off and sick. In the scheme of things I would have to say that no reasonable employer is going to contact you about work matters when off sick, and especially not with cancer. And if they had, were you about to return to work in order to pursue a promotion? Some things are just bad luck and bad timing, and this is one of them, but all in all, being given your health back has to qualify as really lucky - for you and your child - so you still have the chance for promotion under the new rules. Which, disappointed though you may be now, will at least be something you earned, and nobody will be able to turn around and say that you only got the promotion because of your disability.

spammysam

Re the direct link as mentioned above, my argument is this: I pass through all promotion hoops, as did my colleagues. I am off work, the system changes. They all get promoted as the company needs to empty that pool before it can start the new process. I return to work, and expect to be treated the same. The HR dept says, 'no sorry, you have to start all over again'. I feel that it's unfair and unlucky as the first poster's reply. Had I not been sick back then, I would have been promoted as they said, 'pass this interview and you will be promoted... We just don't have vacancies but we will when we address our financial position'. Not one of the others were told, 'as we're making changes, you won't get promoted, in fact you will as we have to honour our agreement to you'. That's what I'm upset about

spammysam

Further to my last, I kind of agree with you all. I'm just a bit sad as I worked hard for it, and after the big C stripped me of most things, I felt I at least still had my hard earned career to go back to! Oh well, back to square one. I'm sure I will get there in the end. Thank you everyone :-)