Work, cancer and the equality act

[Groovycatmedia]

I am a store manager working on the east coast of the UK, who works for a large company

I was diagnosed with an incurable cancer and have struggled with things like fatigue since making the decision to battle on and keep doing a job I enjoy

 

I understand that I am covered by The Equality Act

 

I am paid a basic salary and also receive OTE for hitting store targets

 

My employer has been increasing my targets by as much as 60-70% vs year on year performance, I feel I am breaking under the pressure of trying to remain at work and also manage my team

 

I have mentioned volume 3 of the Equality Act which mentions adjusting targets to my employer but they are saying they don't have to as they aren't "my" targets and my teams. But I am reviewed on them, I am paid when I hit them and feel this is an excuse to not make the reasonable adjustments and not increase my targets by such drastic way.

 

Does volume 3 of the equality act (pay and benefits) apply to me and why would my employer state I don't have personal targets when I am paid on hitting them other than as an excuse to not make adjustments

 

Any advice/ help / support welcomed

Edited January 18, 2015 by Groovycatmedia
Typo

[Groovycatmedia]

equalityhumanrights.com/sites/default/files/uploads/documents/Old_Guidance/PDFS/Workers/3_employees_pay_and_benefits.pdf

[citizenB]

groovycat, the url you have posted above doesn't appear to be going anywhere.

[citizenB]

http://www.macmillan.org.uk/Documents/GetInvolved/Campaigns/WorkingThroughCancer/EqualityAct2010workhomepage.pdf

 

This one might help, it is aimed at Employers and what they should be doing.

[Emmzzi]

hi,

 

what are targets like in other stores?

[citizenB]

http://www.personneltoday.com/hr/steps-to-take-to-avoid-discriminating-against-cancer/

 

http://www.macmillan.org.uk/Documents/GetInvolved/Campaigns/WorkingThroughCancer/WorkingThroughCancer2010/MPbriefingforWorkingthroughcancer.pdf

 

http://www.cancerresearchuk.org/about-cancer/cancers-in-general/cancer-questions/the-disability-discrimination-act-and-cancer

 

Do you have a MacMillan Nurse contact? It would appear they can also offer quite a lot of advice.

[Groovycatmedia]

Thankyou for your replies

 

Citizenb: Macmillan said it isn't right and I should make a complaint but I hve enough on without having to resort to grievances

 

Emmzzi: they are rising across the business to ridiculous rates

[Emmzzi]

I guess my point is, if the other stores can hit the new targets, then a reasonable adjustment is not to let one shop bring in half the money, and it isn't you being singled out.

 

What would you like to happen, that still lets them run the business commercially?

[becky2585]

Reasonable adjustments are generally in place to assist a disabled person overcome any disadvantages they suffer compared to their non dosabled colleagues. I don't think a failure to adjust a team target can be a reasonable adjustment - it isn't proportionate and it wouldn't help you with any hurdles in the way because of your cancer.

 

I think the more appropriate argument is indirect discrimination. Essentially the bonus arrangement is a provision, criterion or practice which puts you (and a group of similar hypothetical disabled individuals) at a disadvantage compared to "able bodied" individuals, as they are more likely to hit their targets because of their ability to work at full capacity.

 

Tricky area - but you may well have a point in terms of potential discrimination. It's probably complicated by the fact that your non disabled colleagues are in exactly the same boat as you, though, so it could be a difficult claim to run.

[Groovycatmedia]

Macmillan mention adjustments to me because they said I shouldn't be burning myself out as I've been working 50-60 hours to try to keep up

 

i can't post links but if you don't mind google macmillan working through cancer PDF and on

 

Page 21 of that PDF:

 

it states:

 

Adjust performance targets temporarily so

they remain realistic for your employee.

 

is what Macmillan pointed out to me

 

similarly if you google pay and benefits equality act pdf volume 3 and on page 20 of that PDF it talks about adjustments

thats what i've found so far...

[citizenB]

http://www.macmillan.org.uk/Documents/GetInvolved/Campaigns/WorkingThroughCancer/WorkingThroughCancer2010/Workingthroughcancer2010.pdf

 

I think this is the one...

[SabreSheep]

Look at "Jims Case study" on the pdf linked above

[Emmzzi]

nevertheless; asking them to take a hit on the profits for the whole store would not be reasonable...

 

What other options would be acceptable to you?

[Groovycatmedia]

Thanks for the link, Jim\s example seems to be about appraisals(what happens if a poor appraisal occurs}. I certainly don't expect to make them unprofitable (difficult with a 500+ milion profit last year] but the nurses said I shouldn't be expected to burn myself out and a target reduction would be a reasonable request but they don't agree

[Conniff]

You need to delegate and not think you have to do it all.

[steampowered]

Hi,

 

I have a lot of sympathy for you. I think this is a very difficult situation.

 

Legally, I think you are in a grey area. It is not obvious to me that you are "disabled" within the very strict legal definition of the word. I would argue that someone suffering fatigue from cancer does fall within this definition but if you went legal it would be a source of dispute.

 

It is also not obvious to me whether or not adjusting the target would be a "reasonable adjustment" for two reasons. The first reason is that the target relates to your team rather than you personally. The second reason is that a bonus scheme is designed to encourage profit-making and if you aren't making profit I can't see that you should be getting a bonus. I think you would have an easier time of it if you were trying to ask for additional support to help you meet the target, rather than asking for the target to be reduced.

 

I would be tempted to put something in writing to HR/management explaining that (1) you are disabled and explaining your condition, (2) that they are under a legal obligation under the Equality Act 2010 to make reasonable adjustments, which includes avoiding placing a disabled person at a substantial disadvantage by an employer's practice (which includes operation of a bonus scheme) and (3) explaining what adjustments you would like them to make.

[becky2585]

SP - progressive conditions such as cancer, HIV and MS are automatically covered by the EqA, I think. But I largely agree with the rest of your post.

[steampowered]

SP - progressive conditions such as cancer, HIV and MS are automatically covered by the EqA, I think. But I largely agree with the rest of your post.

I've double checked and you are, as always, completely right. See http://www.legislation.gov.uk/ukpga/2010/15/schedule/1/paragraph/6/prospective.

[Groovycatmedia]

Thanks Steampowered and the others for helping me

 

I am told by Macmillans that my cancer means I am classed now as disabled.

 

I have approached HR and they are refusing to make any adjustments, macmillans on the other hand say this is not correct and their concern is the workload is too much and adjustments would help me remain at work, because of this I though by asking advice whether to challenge HR decision would be worth it

 

thanks again

[ericsbrother]

Are the targets set the same for all other stores and are they on a sales/person basis or on square footage of selling area? You are entitled to ask these questions and get an answer as it is for the company to prove they arent discriminating so they need to show like for like. Once you have that info you can start looking at what you need personally to keep going and how your employer can accommodate those needs.

Are you in a pension scheme? start looking into what benefits the scheme has for terminally ill members, most have some discretionary awards/benefits.

[Emmzzi]

ask again what other options you have considered. Mainly because I am not in great health myself and at one point, needed to make a decision to take on a slower job. It's a tough call to make, but sometimes the right one.

 

I would discuss this with your MacMillan advisor. Work does not sound like fun. And I really think everything ought to be adding some happiness to your life right now

 

xx

[Groovycatmedia]

yes they say the calculation is the same (i'd disagree from figures i have] the store gets a target and then you get to breakdown the target for each sales staff pro rata for hours worked.

[SabreSheep]

Im guessing reasonable adjustments could be investigated if not the targets themselves then the procedures surrounding non compliance.

[ericsbrother]

so they are saying the targets are identical for every store by a method of measurement that is easy to comprehend? ie along the lines of sales per staff memeber or square foot of selling area or are they saying the increase to the target is the same (actual or percentage terms?) This would knacker any store that has previously done well by having to massively increase sales in real nimbers where the store tha arent so good barely have to lift their game. It may seen wandering off the point but I am wondering if they have set thresholds that they khow cannot be reached to get you out for little or no cost and get in someone else under the pretext of saving the store from itself. They know they will have to replace you but if they are being wicked they save a few quid in bonuses and pay whilst they wait for the inevitable.

[Emmzzi]

I am wondering if they have set thresholds that they khow cannot be reached to get you out for little or no cost and get in someone else under the pretext of saving the store from itself.

 

 

They are not going to do that nationally to fix a local issue.