Am i a victim of discrimination?

[Warty42]

Question 1;If four employees returned to work from long term absence and while all four were absent, a brand new return to work procedure was introduced to help these long term absent employees, slip back into the workplace more easily and only one (me) was shown and put on this new procedure.Would this be classified as discrimination?Question 2:If this new procedure was only to be a two week period and i am still being monitored on every call i do, five weeks later.Would this be discrimination? or victimisation due to my original complaint proceeding the compilation of this new procedure?

[reallymadwoman]

On what grounds might it be discrimination? So far as I know, discrimination has to be on grounds of gender, race, disability etc. If any of those apply, then it might be, but it's notoriously difficult to prove.

[Warty42]

In was diagnosed has having stress enduced mental health problems-mainly depression and anxeity, treated by the social services crisis intervention and also by my GP. All of this my employers have been fully aware of since August 2007.
Yet they still are trying to blame my workload and not the way in which they are dealing with me as an individual.

[Warty42]

I would also say that i believe i have good grounds for complaint as they have already, throught their solicitors offered me a payment in lieu of missing sickpay but with an added order, if accepted forbidding me from any current or future grievances arising from this or other future incidents.

[Sidewinder]

Whilst this may be a tenuous case for 'discrimination' as defined by the DDA, you have a greater case for 'unfair' treatment as any policy (disciplinary or otherwise) must be applied equally to all employees and in line with similar circumstances in the past.

I assume from what you say that you are subjected to a degree of monitoring? Whilst you see this as discriminatory or unfair (depending on the definition of each term) would they not be able to argue convincingly that rather than discrimination this is consideration for your stress condition. It might even be considered as a 'reasonable adjustment' to your working conditions under the DDA in that they are taking suitable measures to prevent your work creating a recurrence of your previous problem. Whilst you quite rightly might see it as interference, they might call it the actions a caring employer if you see what I mean?

Certainly if you were told that it would be for two weeks and it has gone longer than that then you should seek clarification of why and what purpose the measures are serving. You could even say that they are putting you under more pressure if that is the case, but I don't thing that this on its own would constitute discrimination.

[reallymadwoman]

forbidding me from any current or future grievances

I'm pretty sure that last bit is illegal. Do I remember reading in one of your other threads that you have a solicitor? If so, it would be sensible to get further advice from him/her. Otherwise, as the discrimination is on grounds of disability, try the Disability Rights Commission http://83.137.212.42/SiteArchive/drc...ault.aspx.html . I've heard they will give advice over the phone.

[Warty42]

To sidewinder.
The previous incident, which caused my second absence from work, was that i was not performing to departmental standards. This has been proved by not only personel records held but also the HR investigation carried out due to my still ongoing grievance.
So all though i see your point, this could be `reasonable adjustment`, the fact i have proven i am not a poor performer, quite the opposite, the accusation and ongoing suspicion laid on me by the managers involved in my current grievance. Is not helping me in fact it is has only made me absent from work again. I had a panic attack at work, brought by high levels of stress. That does not seem very reasonable at all, just a sly way of trying to catch me out. Which by the way in the five weeks back at work has not done so. proof again.

[Warty42]

Hi reallymadwoman,

Your not really a mad woman are you?
You sound reallynicewoman to me.
I have only been given telephone support by the EHRC, who were extremely kind and understanding, almost reducing me to tears in one call but also the Local Law centre, who advised they will only step if gets to the 28 day limit after lodging my new grievance.
I ask for help because although i am extremely adept at tackling large financial institutes or counselling on money/debt matters. On this very delicate and complicated issues, i am in completely over my head, but am stubborn enough mot to let them get away with this.