return to work/redundancy/disability struggles

cantcope · 4 December 2018 at 1:50PM

Sorry, didnt know how to write a simple subject..and its a long one...

I've been working full time via a service provider (my employer) for almost 3 years in the same job for the same client (worldwide company). For the last 2 years i have worked from home twice a week (as a reasonable adjustment) as the commute was making my MS symptoms worse and really affecting my mobililty which already isn't great.
2 months ago the client manager told me that next year i needed to come in 5 days a week. when i told her this would make my ms worse and i was concerned i might end up unable to drive at all she said well i think if you dont your work will be relocated to hungary.
i raised a grievance with my employer about this under disability discrimination.
the policy says it "should" be resolved within 5 days after first meeting. first meeting was on the 1st November where i went over my grievance with my employers ops manager and HR rep.

my next meeting wasnt set until 27th November which was then cancelled half an hour before.
i finally had follow up meeting yesterday to be told they hadnt even spoken to the client about my grievance but they were told that they are not renewing my contract and the work is going to Hungary...

Is it just me thinking this is a bit fishy? or do i just take this as a really crappy coincidence?
i have been told i will get a redundancy letter soon and i will not be employed next year.

the client manager (who sits behind me!) sent me an instant message yesterday afternoon asking if i was ok. clearly too ashamed to get up and speak to me.
I'm upset and angry so not sure if i'm being unreasonable or if there is anything else i can do?

i dont want to make too much of a fuss and ruin my chances of getting a different position within the same building but at the same time i feel like ive been shat on from a great height.

any advice would be much appreciated.

missile · 13 December 2018 at 7:15AM

You may have grounds to go to an industrial tribunal.
I note your concern that you don't wish to make a fuss, but having raised a grievance your card is already marked.

I would suggest you seek professional advice.

Have you asked MS Society to help? They have a free help line 0808 800 8000. Where about do you live? MS Society have a network of support groups. I volunteer for one.

cantcope · 14 December 2018 at 3:32PM

i have spoken to the ms society and the equalities commission people. both have said it is really difficult to win a victimisation case without any written proof and i dont have any. all emails asking for confirmation of conversations have been ignored.
ive given up now. too poorly.

50Twuncle · 19 December 2018 at 3:38PM

Are you in a trades union ?
If not - join one now - depending on which one you choose - they may be willing to help you (even though you have only joined for help) - they may look upon it as a "test case" that will affect other members !!

cantcope · 1 January 2019 at 1:14PM

i ended up being signed off work by the doctor as my mental health was really suffering and the stress caused a nice MS relapse for me over Christmas

I have today submitted a claim for JSA and have sent my cv off to lots of agencies and recruitment places. Hopefully i wont be out of work for too long but understand i need some time to recover.
I dont have the strength in me to take it to tribunal. Just want to get back working to pay the mortgage and bills so my son and i have somewhere to live. Thankfully i have some savings to tide us over for a few months if need be.

unforeseen · 1 January 2019 at 1:42PM

I'm confused. Was it the client that required you in the office 5 days a week or your employer?

It sounds like it was the client since it was mentioned that the work could move to Hungary if it didn't happen.

cantcope · 1 January 2019 at 1:48PM

The client told me at the end of September that if i was too disabled to go into the office 5 days per week then it was likely my job would go to hungary. I never actually got offered the option in the end though. Whilst waiting for my grievance that i put in at beginning of October (for discrimination from the client) to be sorted (way past the target timing) the client told my employer that they were not renewing the contract with them for me as the work was going to Hungary. This was decided at the beginning of December.

unforeseen · 1 January 2019 at 2:00PM

I don't see that you have a grievance against the client because you are not employed by them.

If they want to tell your employer that they need somebody office based 5 days a week or they take away the work then that is your employer's problem to deal with.

It looks as though your employer stood up for you and the client carried out their promise. It's not often that an employer would risk a contract just for one employee.

cantcope · 1 January 2019 at 2:03PM

unforeseen wrote: »

I don't see that you have a grievance against the client because you are not employed by them.

If they want to tell your employer that they need somebody office based 5 days a week or they take away the work then that is your employer's problem to deal with.

It looks as though your employer stood up for you and the client carried out their promise. It's not often that an employer would risk a contract just for one employee.

I completely agree. However, just because I am not employed by the client does not give them a free pass to discriminate.
Send the work to Hungary because its cheaper,fair enough. Not because i am disabled.There is no logic there. if it can be done in another country there is no reason why it cant be done from my desk at home twice a week. The contract was only for me.

unforeseen · 1 January 2019 at 2:24PM

They now need somebody office based full time for other possible reasons. You are not privy to everything that the client needs/wants out of the contract. Maybe they have decided that there are things that are not being dealt with well due to not having somebody full time office based. Or even that there are changes to the contract that means that homeworking is not an option

unforeseen · 1 January 2019 at 2:28PM

Did the client only find out 2 months ago that you were working from home, something they possibly never wanted?

If the change was coming in then that sounds like a change in the contract terms explicitly stating office based

return to work/redundancy/disability struggles

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free