had no choice but to resign

[hostage79]

hi all, i did work work a large retail company until last night but had no choice but to resign, i have been looking into the disability discrimination act myself since then and would like some advice, here we go.......

october last year i requested with my employer to reduce my shifts from 4 nights a week to 2 shifts per week as i was struggling due to artheritis in my back at that point i was advised as its a busy time of the year with christmas on the horizon they will sort out a new contract for me in january.
Come january i spoke to my line manager again and was told this time until they can get cover for my shifts ill have to wait and carry on doing my 4 nights per week, anyway it got to a point in march i was in so much pain i went to see my gp who signed me off work for a total of 4 months, i returned a couple of weeks back.During my time off i have spoken to my line manager who stated that a new contract was waiting for me in work to reduce my hours but cant be signed until i have returned to work, but surprise surprise when i did return to work i was offered to do 2 shifts for the first 2 weeks back then back to 4 nights per week unless i use my hoiliday entitiement to keep my shifts at 2 per week until that runs out


i have constantly told my line manager i cant manage 4 nights per week and if i do them i will prob end up off work for another long spell


this is from the discrimination act 1995:

(3) The following are examples of steps which an employer may have to take in relation to a disabled person in order to comply with subsection (1)—
(a) making adjustments to premises;
(b) allocating some of the disabled person’s duties to another person;
(c) transferring him to fill an existing vacancy;
(d) altering his working hours;
(e) assigning him to a different place of work;
(f) allowing him to be absent during working hours for rehabilitation, assessment or treatment;
(g) giving him, or arranging for him to be given, training;
(h) acquiring or modifying equipment;
(i) modifying instructions or reference manuals;
(j) modifying procedures for testing or assessment;
(k) providing a reader or interpreter;
(l) providing supervision.




i feel they are not doing all they can to accomadate me and my condition,do i have enough grounds to take this further thanks in advance

[old_andrew2007]

Hi
I am no expert in this field, can I ask if you have actually left yet, I feel you should withdraw your resignation, then take out a grievance.
I think you need to act very quickly, if you complain constructive dismissal then IMHO you need to prove you have gone through a process of negotiation with your employer.

[MARTIN3030]

From what you are saying it appears you have grounds-and even one breach by them would be enough.This is not my area and I know we have some team members away who are briefed in this area.It has been brought to the teams attention though so please bear with us.
Meantime I think elche286 may be able to assist I have sent pm to ask to have a look.

[elche]

Well assuming that the medical condition you have brings you within the protection of the DDA 1995 then you may well have a case.

Under s.4A if an employee is placed at a disadvantage because of some provision, criteria or practice applied by employer, the employer is under a duty to take such steps, as it is reasonable to take, in all the circumstances to prevent that effect.

s.18B(2) envisages such steps as including … altering working hours.

Thus your request should have been looked at by your employer and allowed. The employer has a potential defence of justification but I doubt he could run this for something simple like a drop in hours in a retail shop.

Remedy for you is a claim to an ET, which must be brought within three months of the act complained of. Before bringing the ET claim you must have submitted a grievance and followed the stat grievance procedure to its conclusion.

Draft a grievance letter and hand this to your employer ASAP.

I have attached below a sample start and end to a grievance letter that I drafted for a friend last year.

I am writing to tell you that I wish to raise a grievance.

This action is being considered with regard to the following circumstances:


DETAIL, DETAIL, DETAIL – Times, dates, locations, names, copies of any written requests etc


I am entitled to a hearing to discuss this matter. I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative. Please reply within (not more than 28 days of the date of this letter.

[hostage79]

many thanks for the advice, just to add to this i did a bit of snooping in the handover book for our night team and found out while off work sick other employees have reduced there hours and i was promised a new contract was waiting to be signed when i come back but that never happend, resigning might not have been the best move but i felt i was being pushed out and they were just waiting to get me on a disaplinary knowing i couldnt work the hours they wanted.

thanks again for the advice