Advice please

joewa

Deleted 222222

Undervalued

joewa wrote: »

I Started a new job 8 months ago and unfortunately have been off sick for the past month. I have been told that my contract will be terminated soon. My work have not followed their sickness management policy and I am off due to a disability.
I know that I have no recourse to an Employment Tribunal but what annoys me is that one of my colleagues who started on the same day as me has been off three times but her contract is not being terminated
Sorry I sound like I am moaning but feel discriminated against

If you have a disability (for employment law purposes) and your employer is aware of it (or should reasonably be aware) then they are required to make reasonable adjustments. However the key word is reasonable, it does not mean you have a blank cheque.

If (and I repeat if) you are being discriminated against then you do have recourse to an ET as the two year qualifying period would not apply.

The fact that somebody else is being treated differently does not, in itself, prove discrimination but it may be a relevant factor.

TELLIT01

There will also be a difference, as far as the employer is concerned, between somebody having a day or two off 3 times and somebody being off for a month with no certainty about when they will return.

Undervalued

Sorry to be blunt but it is perfectly possible that the company feel that the other person does much better work than you.

If that is genuinely the case then showing that person more latitude in regard to sickness is not, in itself, discriminatory.

Also, you do not (presumably) know the circumstances behind the other person's sickness and you have no right to that information.

As I said earlier it is perfectly possible that you are being discriminated against because of your disability but it is certainly not the only explanation.

Is your employer formally aware of your disability and what, if any, reasonable adjustments are in place?