Discrimination or not?

zpargo

Hi 
If you notify your employer that you may have a serious health condition when you are off sick and a short period afterwards they try to make you redundant or move your role 150 miles away is that discrimination?
Cheers

Savvy_Sue

Maybe, maybe not. 

If the serious health condition amounts to a disability under law, then they should make reasonable adjustments. However, they may feel that there is no reasonable adjustment which would enable you to stay where you are, doing what you do. Plus, if the entire business (or your section) is moving 150 miles away, then there is no discrimination involved for asking everyone to move, or offering redundancy if you don't want to do that. 

zpargo

Ok so the serious health condition did amount to a disability but they weren't aware that it was a disability before they tried to make me redundant.  Nobody else within my team was forced to move / or made redundant. There is another team that works with us, someone from that team relocated to a different office but she had grown up there and  worked there for many years.

elsien

How about giving the whole story - your first post says you “may” have a serious health condition, not that you do have a serious health condition.
Any advice isn’t going to be very helpful if you’re drip feeding information. 

MalMonroe

How long have you worked there?

And have you tried to have a conversation with whoever it was who notified you of your redundancy and/or move? Is it HR, or your line manager? You really do need to get to the bottom of this and find out exactly what the problem is and why they don't seem to be even considering making any reasonable adjustments for you.  Asking for a detailed explanation is not unreasonable and you are entitled to do so.

If you can prove that you have been made redundant because of your disability you may have a case for an Employment Tribunal but you need to get more details and information first. 

You could also call the Acas helpline. They really are very knowledgeable.   https://www.acas.org.uk/contact

zpargo

Ok
1.) 2018 I am off sick from work and notify employer I may have a serious health condition
2.) Short time after I am called whilst sick and told that I will be made redundant or moved to another office miles away. No other person in my team has these possibilities communicated to them as far as I am aware.
3.) I tell employer I am now deemed disabled by NHS. 
4.) HR block the redundancy attempt / relocation
5.) I am back at work since July 2018 and in rehabilitation after which I will lodge a formal grievance relating to unsafe working conditions / bullying / toxic environment which led to my illness. I will do this in March / April 21. I would like to raise this point about discrimination at this time noting that it doesn't have much value given the amount of time elapsed. However it is still important to confirm whether it is discrimination as it will be part of overall argument against employer for mistreatment. 

zpargo

MalMonroe said:

How long have you worked there?

And have you tried to have a conversation with whoever it was who notified you of your redundancy and/or move? Is it HR, or your line manager? You really do need to get to the bottom of this and find out exactly what the problem is and why they don't seem to be even considering making any reasonable adjustments for you.  Asking for a detailed explanation is not unreasonable and you are entitled to do so.

If you can prove that you have been made redundant because of your disability you may have a case for an Employment Tribunal but you need to get more details and information first. 

You could also call the Acas helpline. They really are very knowledgeable.   https://www.acas.org.uk/contact

Thanks. Have provided the full detail in other post. They have made reason adjustments (2 days work from home). Bottom line is that whilst the alleged discriminatory act may not have value (from a legal standpoint as it was a while ago) I want to bring it up in a formal grievance. I have now been there 4.5 years

unforeseen

Just a small point, the NHS don't decide who is disabled. It is whether you meet the conditions within the equality act 2010.
Also not all disabilities would be considered discrimination in redundancy situation unless you can prove that your redundancy was a result of your disability

ToxicWomble

What do you want as an “end result” ?

elsien

You tell them you are unwell. 

They suggest you move or are made redundant.
You inform them you consider you have a disability.
They retract the move/redundancy and put reasonable adjustments in place. 

I’m failing to see how that’s discrimination when you weren’t considered to have a disability at the time. 

You’re now back at work but will have waited 3 years to put a grievance in (2018-2012.)  What exactly are you hoping to achieve after this amount of time? 

zpargo

unforeseen said:

Just a small point, the NHS don't decide who is disabled. It is whether you meet the conditions within the equality act 2010.

Thanks. My lawyer has confirmed I am disabled