discrimination at work

[lisa0]

Hi everyone

 

My husband as worked for a company for 14 years with no problems, good attendance and so on.

 

2 years ago because of cut backs they made the job more demanding without doing a risk assesment, so basically my husband had an injury nothing was done about it, so put in for a industrial injury claim that is nearly being settled.

 

He has seen work doctors who said he can carry on in his own department as long as he has suffience breaks and so so. Well again they are doing cut backs they have gone from shifts to days which they are allowed to do.

 

Then all of a sudden his manager was having problems trying to cut back on the setters, there is only 3 of them, my husband being 1 of them, he was trying to come up with a plan, which was not in there contract, when my husband approached on this, his manager reply was well we will have to get rid of 1.

 

Then the next day my husband received a letter stating that he is being moved to another department because he was only just aware that he had put a claim in for industrial injury, yeah cause it was! I t was the duty care of the company to do this.

 

So now he has lost his shift allowance and his setters rate and the job he is now doing is even harder than the 1 before, and he is still having problem with his injury which occured 2 years ago.

 

He has now but a grievance letter into hr saying he is being discrinimated against and wants to be put back into his old job, he has evidence through his solictor that they knew about this problem over a year ago, so why now, are they allowed to do this, my husband will take this all the way if possible, any comments would be grateful, thankyou

Edited January 24, 2013 by honeybee13
Spacing.

[Pusillanimous]

If that is the reason they put in their letter, it might be worth getting legal advice.

[ericsbrother]

Covered by the Equalities Act. It seems that your husband is being treated differently because of his disability and this is unlawful. The letter virtually proves the point on its own but there are a lot of hoops to jump through before any claim is successful. Speak to the Equalities Commissioner's office help line and get the forms for a "statutory questionnaire" as a first step. You fill this in and give it to your employer who then is obliged to answer. If they dont it is taken as being detrimantal to any defence they may offer at a later stage. If the employer has any sense they will work out what "necessary adjustments" they need to do to prevent or remove the discriminatory practices. Changing a job to a lower paid one is not an answer taht will impress a judge or Tribunal chairman.

[Emmzzi]

Let's slow down a bit here and do some fact checking...

 

Has your husband had it confirmed that his current condition consititues a disability by a medical professional as far as they can? (Ultimately only a judge can decide but doctors offer a decent opinion.)

 

Has his workplace agreed that the adjustments he requires are reasonable, preferabley in writing?

[lisa0]

My husband put his grievance letter in, and the main boss wanted to speak to him. His reply was he should never have been moved and that he will move him back into his department, he said it was hr that have done this as they are doing risk assesments in his department due to the ongoing work claim, and he couldnt see why he wasnt allowed to be there. Anyway he is off for a week, and asked my husband if it was alright to stay put until he got back from holiday and he would then sort it out, so my husband is being calm and awaiting monday for his return, hopefully everything will be ok, i think its the grievance letter he put in that has made them take action, i will let you no what happens.

[Emmzzi]

Lisa I wish you luck. We can't really offer advice unless you answer the questions. But crossing fingers for you.