potential discrimination?

[lostfaith]

Hello

 

New thread brand new topic

 

Been told will not be dismissed on capacity but contract not renewed - does it seem like discrimination with facts below

 

1) Joined on zero hours then moved to fixed term - all fine till Sept 2014

2) I am deaf made all aware who appropriate

3) Sept 2014 went away

4) three months no contract

5) no manager as old manager off sick

5a) deputy but not known in team - she's now based down stairs not making lot of contact

6) no problems from start date till Sept

7) they told me three times in Oct wanted to speak to me never did

8) Oct told nothing to worry about

9) Nov told under performing - without valid reasons why took till Dec to tell me area went wrong, only 1 percent of it and before told threatened capacity dismissal - being compared to someones son with Aspergus suggesting I could have it - Jan put on improvement plan not sooner; and even not referring me now to occ health when they said would; occ health on phone told them I was deaf and made them aware from start.

9a) Told them I felt insecure with no contract for three months

10) Shown some new things on system and won't move me to a quieter environment to do it as could do it better in one

11) Managers under stress department struggling to find staff

12) I found out why made errors; due to distractions found out in Jan'15 from broken hearing aid

13) I did not know my hearing aid they're taking if I knew from Sept why did I not say I was hearing too much I did not know till Jan speaking to an audiologist who said a wire broken for noise blockage, she said deteriorated over time - did something when instantly knew

14) Couldn't do anything about fixing as no warranty left and even no proof a worker for evidence to show an employee for paperwork if knew hearing all this time would've said.

15) Eight months prior Sept no one checked work

16) Now not being considered for other roles due to my hearing for promotion as one part they do not think I'll be able to minute take due to my hearing loss and only can be in that role if can do that not even let me try to do it or put me on a course to learn it

17) Other parts of work can do, they wont' look at a new role for me due to my hearing

18) Audiologist said hearing is letting me down and they're saying i'm dwelling but do not ask me what is wrong - she's not surprised the undermining me is pushing me to tears being threatened. Also suffer v bad anxiety, from work bullying four years ago which they know I suffer from it

19) told not being renewed as seen improvement plan as a negative when she's not realised she's upset me comparing me to her son and that she couldn't see me there anymore

[SabreSheep]

Are you a trade union member?

I would certanly discuss this with a rep if you are and consider a formal grievance.

 

If not union member, recommend you consult CAB or another charity that deals with hearing impairment.

[billathome65]

Do you have proof of the statement made about the autism? If not it's hearsay unfortunately as it cannot be verified so going down the grievance path may prove fruitless.

 

You where put on an improvement plan, so did you have regular meetings to discuss your progress? If not you can argue that as you did not get regular meetings how where you to know there was still an issue?

 

How long have you been working there on the fixed contract? If less than two years they can terminate your role legally however your notice period should take this into account when working out your final pay ( I THINK )

 

You state you are deaf and wear a hearing aid if the hearing aid was faulty I'm assuming here that as it is an important part of helping you, surely you would have noticed issues with it? I am blind in one eye so all the stress is on the other good eye so I now wear glasses I know the smallest change in my eyesight as reading plans is a big part of my job. After saying all that your employers knew of your hearing issues what if anything did they do to support you especially if your under performance was related to the hearing problems?

 

( If your disability was a causative factor of under performing and you can prove that, the employer has a legal duty to make reasonable adjustments under the Equalities Act if needed to support you ) So if it was linked then I'm thinking an argument under the equalities act may be something to consider? Others may be able to advise better on this and if you are in the union go to your rep.

 

Bill

[steampowered]

Hi

 

 

This sounds like it may well be discrimination. If you feel that your contract is not being renewed due to your disability or that you have not been treated unfairly, you should try to escalate this. Is there a workplace grievance procedure you can use?

[lostfaith]

You where put on an improvement plan, so did you have regular meetings to discuss your progress? If not you can argue that as you did not get regular meetings how where you to know there was still an issue?

 

Yes they happen one with a disability advisor and weekly 121s. I was not on this till January and work was not checked first 6 months there. they failed to tell me onset good reason why job open when at interview, with disability advisor was given non discrimary reason - what I was covering someone on secondment and they're coming back; I think to protect themselves, and now in 121 she said now they're not dismissing me on capacity but not renewing because my anxiety worries them and think taking the improvement plan as a negative when she's not realised she's upset me threatening dismissal and comparing me to her son. She did not speak to me before about it not caring to ask me what is wrong

 

Had one manager who left and was outside to the company he did not stay long and he did not check work, and no work was coming back as having been done incorrectly.

 

 

How long have you been working there on the fixed contract? If less than two years they can terminate your role legally however your notice period should take this into account when working out your final pay ( I THINK )

 

11 months altogether, 7 months on the zero hour and 4 months on the fixed term

 

You state you are deaf and wear a hearing aid if the hearing aid was faulty I'm assuming here that as it is an important part of helping you, surely you would have noticed issues with it? I am blind in one eye so all the stress is on the other good eye so I now wear glasses I know the smallest change in my eyesight as reading plans is a big part of my job. After saying all that your employers knew of your hearing issues what if anything did they do to support you especially if your under performance was related to the hearing problems?

 

No adjustments being made, they won't put me in a quieter area to do that kind of work, which I handled it better in a quieter area in training and she places herself downstairs because she cant' concentrate but won't let me. Of course I would have noticed if I knew was the hearing aids but I didn't know and would've said but did not know till January they were broken and did not know till January speaking to a private audiologist, and if I knew there was a crack sooner I would have done.

 

They also failed when I first started to refer me instantly to an occupational health.

 

I have private pair which are better for my hearing as I am profoundly deaf, and the audiologist told me then as I was looking at buying a new pair when noticed the wider crack, I would have repaired the private ones but it became impossible to repair them given no warranty left and no options to extend the warranty. I instantly made them aware of the crack and thought take immediate action as right thing to do and to tell them that I would be hearing things differently and only spoken to them as there was no need to do anything as they were working fine, if I had seen the crack of course would've told them, but it was only when I cleaned them we saw the crack it was not there when I cleaned it before.

 

If I could have done something I would have but had no contract for three months with no evidence to show was an employee there and couldn't have got the support to buy new ones due to insecurity of a fixed term contract and would've been declined support.

 

My NHS ones are a spare and did not need to wear because the sound quality was not as good. Been told I'm now making excuses why, but my GP and audiologist support me; but I was finding out reasons what could have lead to them being broken.

 

 

( If your disability was a causative factor of under performing and you can prove that, the employer has a legal duty to make reasonable adjustments under the Equalities Act if needed to support you ) So if it was linked then I'm thinking an argument under the equalities act may be something to consider? Others may be able to advise better on this and if you are in the union go to your rep.

 

No union available; no referral to occ health despite saying they would and no change of role to accommodate my hearing loss; there are all other kinds of things I can do but they will not tailor it to my needs when most of the other work I am very good at Attendance has been v good, no absence for sickness, no lateness except only for medical appointments and I come in because I want to work.

[SabreSheep]

Just a side note. A Union IS ALWAYS AVAILABLE

you can join one at any time. Just because a company does not recognize one does not remove your right to belong to a union and to have them represent you at a disciplinary or grievance hearing

[lostfaith]

Today been told now they are not saying that I have it and haven't meant to say I had it but they said there seem to be traces of links with aspergus and it concerns them, they said may be a learning disability, may not, they need to know. They failed to do pick up on this the start of the fixed term, they dont' want me to minute take because they're worried I won't pick everything up and size of the meetings may be too much for me.

[billathome65]

As sabresheep said re union

 

Unfortunately if you have not been there for two years then they can terminate your employment without reason.

You may feel unfairly treated and i'd say telll them that and tell them why you feel that way, but the decision ultimately is with your employer.

 

Lets hope all works out in your next job.

[Nystagmite]

As sabresheep said re union

 

Unfortunately if you have not been there for two years then they can terminate your employment without reason.

You may feel unfairly treated and i'd say telll them that and tell them why you feel that way, but the decision ultimately is with your employer.

 

Lets hope all works out in your next job.

 

Isn't that only if it's for reasons other than discrimination?

[honeybee13]

Hi lostfaith. I'm sorry to hear you're having problems again.

 

To echo what others have said, I also think you should join a union. It doesn't need to be work based, you can be an individual member. I was. Then wherever you go, you have a union to support you.

 

HB

[SabreSheep]

correct. Breaches under the equality act are not timebound by 2 years service

[billathome65]

Isn't that only if it's for reasons other than discrimination?

 

OP has to show discrimination and or prove it, that's not the area i'm advising on. without looking at the case as an holistic thing so having all information from both sides I am keeping my opinions based on what I can see.

 

Bill

[SabreSheep]

For discrimination all the claimant has to do is provide enough facts that if taken on there own *Could* indicate discrimination occurred.

 

THEN

 

the burden of proof turns to the employer to prove either a) It was not unlawful discrimination or B) That it was LAWFUL discrimination

 

 

 

"The standard of proof in discrimination cases is the usual one in civil (non-criminal) cases. Each side must try to prove the facts of their case are true on the balance of probabilities, in other words, that it is more likely than not in the view of the tribunal that their version of events is true.

If you are claiming unlawful discrimination, harassment or victimisation against your employer, then the burden of proof begins with you. You must prove enough facts from which the tribunal can decide, without any other explanation, that the discrimination, harassment or victimisation has taken place.

Once you have done this, then, the burden shifts onto your employer to show that they or someone for whose actions or omissions they were responsible did not discriminate against, harass or victimise you."

Edited January 31, 2015 by SabreSheep
tidyin gup

[lostfaith]

I asked to go on the minute taking course to be able to prove I could do it, they do not want me to minute take because they are concerned I won't be able to pick up everything up

[lostfaith]

and also do not want me in another area as a higher risk and think I'll make more mistakes because of the nature of the work

[billathome65]

As stated OP has to show discrimination and prove it by that I mean if the information collected can be corroborated then from OP side they have provided proof whether the employer can then show that the OP was not discriminated against is down to them the employer.

 

I'm answering a basic point of the two years ruling that's it.

 

OP you say that you wanted to do a minute taking course to be able to prove you could do it, YOU say they do not want you to minute take because they are concerned you won't be able to pick everything up.

 

Can you prove this? IE do you have any written statement to that effect or a witness who can say the company representative said that to you? If so then that is something to go with, however that is nothing to do with my point of two year termination rule it can be used to show discrimination in work but can it be used to show you where dismissed due to discrimination? Two different issues as I see it

 

and also do not want me in another area as a higher risk and think I'll make more mistakes because of the nature of the work.

 

The company has a duty of care and if they feel that the other role due to it's nature may put you at further risk they are within their rights to not place you there. However if you feel that you are able to take on the other role have they done a risk assessment? If not go back to them and plead your case. Also is there actually a vacancy in the other area for you? If not the company are under no obligation to create a post.

 

 

My opinion only.

 

Bill

[lostfaith]

However if you feel that you are able to take on the other role have they done a risk assessment? If not go back to them and plead your case. Also is there actually a vacancy in the other area for you?

 

Yes there is an actual vacancy, but they have not even tried to look to see what the risks would be for me there, they just think as a higher risk in that team to the one I'm in now they don't think it would be suitable for me, and they don't know where to place me. They've potentially when in this role helped out three floors and helped everyone, think lot of it is been given too much of the same thing and people taking it all to me and not to a manager first, expecting me to get it done and not giving me dates it had to be done by, obviously I ask if it is urgent and tell them speak to a manager, but they don't, they think as I don't moan about doing the work, get it done without hesitation, they'll just come back to me for more.

 

Management have not focused for me to be in one particular area for me and think all I can do is draw family trees as that is the only good thing people feedback on, and do not get a thank you for the typing, and management have not assessed my true key skills. No assessment or reasonable adjustment has been made for the typing to be done in a quieter area could help me, and fully compentent in all Microsoft Office programmes