Aibu to think this is discrimination?

[RexMyDarling]

I'm a teacher in a secondary school. I changed jobs in sept to a one year contract that I was assured was just a formality (you'll be perm after that) from a perm job that was a long commute away.

I have crohns so then in January I started to have a flare up and ended up in hospital. In order to never (or unlikely to be) ill again I decided to have an ileostomy - basically my large intestine removed and a stoma put in place so I'd have a bag for the rest of my life. I wasn't forced into it, I could have struggled on but I made the decision to bite the bullet. I knew that once I'd recovered I'd be more healthy and would be able to work more.

Anyway the school has decided not to renew my contract despite the verbal promise (yes I know!!) and I am left unemployed and facing huge financial difficulties if I don't find a job. They are saying that it is because they don't want part time staff any more but we all know it's because I had from January to May off sick.

I can't get them thru the union because whilst it is blatant discrimination they have done it in a way that leaves me with no leg to stand on.

Would I be unreasonable to contact the governors and let them know the situation? Complain to them really... also the leaders of the school federation? I feel like letting every parent/teacher/kid in the school know and maybe even the press (!) but know that would be extreme. I do wonder what it says to the kids - that if you are disabled you don't deserve a chance.

I feel powerless and very angry.

What do you think?

Was the 5 months off sick due to recuperating?

Either way it's not discrimination.

I don't see the discrimination either.

Whilst your sick leave won't have helped, staff who work part time can cause timetabling restrictions that the school can no longer afford to manage so may be a genuine reason. If you had a longer track record with them, they may not have made the same decision.

I think it is very sad when people are treated as an expendable resource but it is a harsh reality of life. I hope your operation has been successful.

I had a similar operation though mine followed an injury at work. But it was similar in that I could choose to struggle on or have the op. I chose to delay the op to the summer half term so my recovery included the summer holiday and I got 3 months sick leave but only missed 7 weeks of school. The NHS will often let you delay an op to fit around your commitments though they don't have the capacity to bring ops forward to suit you.

I suspect on a temporary contract I would have just struggled on. But as posters have said, there is a lot of teaching work around, you've had the op now and you can start building up your employability in another job.

I have really mixed feelings about the public sector sickness thing. Some people (not saying OP) absolutely do take the piss. But the private sector model ruins lives when people are genuinely sick and lose everything. And the "self employed" contracts where people have to pay if they don't turn up are unspeakable. I suspect we will see a race to the bottom on this in the same way that uber, delliveroo etc have torn up the rule book on maternity, sick pay etc.

I'm so sorry you've been ill but they haven't done anything wrong here. You were on a one year contract that you were unable to fulfil so they are under no obligation to offer a new contract.

They have done nothing wrong, they didn't have to extend the contract and given you worked so little it can't have been unexpected.

The governors will have been involved in the decision so will likely uphold any any complaint.

If you cause trouble by going to the press etc, then you risk not getting future employment as other heads won't want a trouble maker. The existing head would be able to quote it on a reference.

I really feel for you - especially as there is such a clear cut explanation for the illness and then a concrete answer to steps to prevent it in the future.

I agree with PP could you request another year's contract to demonstrate that you won't be off sick so much??

It's really unfortunate. I would always advise against having elective surgery on a. Fixed term contract - once you are permanent you cannot be terminated for it but I can see from their point of view they might have felt you were taking the piss a bit to choose an operation. Which would leave you out for several months out of the 9 you are at school.

Lesson learnt I think - don't treat a fixed term job like a permanent post.

It sounds tough OP but from the employer's perspective, you have taken most of the year off recovering from elective surgery. (I know it wasn't elective in the true sense, but it wasn't urgent/immediately life threatening). I think you have to chalk this one up to experience and look for something else. Nothing will be gained from trying to elicit a response from governors etc and you may just look slightly batshit.

Are they actually getting another teacher in, or is the job just going because of cost cuts?

My goodness, but there are some harsh replies on here. So sorry you have such a debilitating condition - it must have been a really hard decision for you to get a stoma. I've known a few people with Crohns and I know how difficult it can make daily life - I can quite understand how it was impossible to teach when it was flaring up (and of course whilst you were recovering from very major surgery).

Now you have the lack of job to deal with too. I do think it seems unfair, but probably the best thing is to remain on as good terms as possible with everybody so you can get good references for the next job. Good luck with everything - you can do this!

And this is not "elective surgery"!!! You make it sound like having a boob job. You can't possibly work in a teaching position with a bad Crohns flare up, so very much between a rock and a hard place.

I think that now you are better (or on the way to being better) the best thing would be to draw a line under it and move forward as a healthier person who will now be able to work much more easily. Don't let this spoil the prospect of a much better life.

Chalk it up to experience and start job hunting. Good luck.

Elective = not a medical emergency

The OP says that she decided to have surgery to avoid flare-ups. Totally reasonable decision in the circumstances, but "elective" does not mean what you think it means.

So sorry Op, being sick makes employment really difficult.

I have a friend who is intermitantly quite sick, she keeps being fired from jobs because of her sickness record.

But I don't really rally see the school did anything wrong. You were PT and off for most of the time, there will be more attractive employees.

Thanks for those who realised it's not elective surgery and couldn't struggle on and go to work! I could have avoided the surgery but would have been in and out of hospital the whole year some times well sometimes not. And it could happen again any year of my life!! That's why I had my surgery to say to the school (partly) I want to be here.

They couldn't dismiss me for this if I was perm. I am disabled and my condition falls within the 2010 equality act.

The governors do not know. It's not a primary school.

To the pp who said five months for an ileostomy seems long - really? I've been cut open from my bust to my pubic bone in a five hour operation. I've then had to learn to deal with carrying a bag of poop around with me for the rest of my life. That IS as psychologically fun as it sounds! As it happens (as you'd expect from years of being on immune suppressant drugs) I had two extra operations and complicated infections as a result. I still have no feeling in my stomach as they slashed all the nerves.

I want to complain I know I won't have a job with them. I understand their decision.

I am sorry this has happened to you. How do you know the governor's don't know. That sounds very unlikely whatever type of school it is.

@Rex Sorry to be pedantic but yes it was elective surgery.

"Elective surgery or elective procedure (from the Latin eligere, meaning to choose) is surgery that is scheduled in advance because it does not involve a medical emergency. "

As others have said, unfortunately you'll just have to accept the school's decision as it wasn't discrimination.

It is elective surgery in that you have chosen to have it done because the alternative means that you are living with an illness which limits your life in other ways. But it's not an emergency i.e. That you have to have it done iyswim. I need to have heart surgery at some point to replace a valve and some other things, I will be pushing hard for it at my next cardiology appointment because the alternative is that my drugs limit my abilities to the point that they are life-limiting iyswim. But if I push rather than wait to be told when it's necessary then it becomes elective surgery, even though the reasons why are entirely understandable.

But that is just semantics really.

However, the 2010 equality act states that in the case of disability the employer should make reasonable adjustments in order to accommodate said disability. I'd imagine that a school could argue that having an employee who spends half their time away from work due to illness thus facilitating the need for further supply is not a reasonable adjustment to be expected to make in the long term.

However, in this instance you haven't been dismissed, you were on a temporary contract which means that your position was never secure in the first place and the employer was free to not renew that contract if that was what they felt was best.

So sorry to hear about this. It is very hard to work and maintain a job with serious chronic illness. Unfortunately what the school did is legal. But it makes it in reality very hard for anyone with an illness.

Colleague had the same procedure for Crohns & was signed off for 9 weeks but back in 8. She can't do anything strenuous (no gym, no lifting, isn't taking a handbag on her commute even). I just asked her if 5 months off was reasonable and she started laughing and making jokes about public sector employees.

Were you paid when you were off sick or just statutory sick pay after the 3rd day off sick?

Did your colleague require two further operations Groupie? Or contract any infections? Just to check we're comparing like with like before we start laughing?

That is not a nice comment Groupie. The OP has already said that she had several complications to deal with. And no two people's conditions are identical. And it would very much depend on the nature of the job too.

It is very hard on you OP. It sounds like the school have acted lawfully but that does not help you. Have you been able to explain that the procedure should lessen the illness? It is very tough that they won't give you a chance to prove yourself now you have had the surgery.

On a practical note, I guess voluntary work might give you the track record you need for being able to work reliably. Doesn't help pay the bills though :(

Hopefully in the long run your health will improve and you can find a new job without the worry of flare ups.

FFS Groupie, presumably your friend didn't have two further surgeries followed by infections? There are a lot of people on here trying to find a way to think OP has done something wrong, when in fact she has just had the sort of bad luck that can happen to anyone. I don't blame the school, their decision is reasonable, but it's still a shitty thing for the op.