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?

Actually I had only from 28th Feb off sick from operation and complications prior to that I was too sick to go to work. Bleeding constantly, severe pain, sickness going to the loo 20+ a day. If your friend has crohns they'd know that it is impossible to work when you can't leave the bathroom.

Once we have left the EU, if the Tories ever get a majority then I am sure you will be able to be offered longer contracts without employment rights.

Thank you for taking time to reply.

On the elective surgery business - I had surgery 4 weeks after they made the decision to operate - I was on the emergency surgery list. If that is emergency enough for you. I would have died without it - maybe not that second but at some point. It was elective in that I decided not to fight them on it.

I assumed I'd be back after 6 weeks off (after op) but I had enormous complications.

They advertised my job without telling me and without suggesting I apply. They state the reason for my lack of employment is my desire to work part time not because of my illness.

I went off sick on 23rd Jan spent a week in hospital trying to get better with medication - consultant said there was nothing else they could offer me so op was best idea. 28th Feb I had operation.

My wound later collapsed - as I said it was full laparotomy so I was cut from bust to pubic bone and I've immunosuppressed for years. Crohns sufferers often don't heal well. I had to have two operations on it.

I wasn't ill when I left previous school and had no reason to assume I'd get sick during this contract as I'd been well for previous 4 years.

So did they actually advertise the job as full time? And would you be willing/able to do full time?

Can I just add, nobody (that I've seen) is suggesting that the OP's position isn't shitty.

Personally, I think decent sick pay etc is essential if I'm honest.

But, I don't think if I had a chronic condition I would trade a permanent job with all the protection and continuous service (as well as all the interpersonal stuff such as being a longer serving colleague, well known so people would usually help out, I'd be more easily able to request part time working) for a fixed term post where I don't have continuous service, may need time off and have no guarantee of a job in 12 months.

It is perfectly legal to not renew a fixed term contract and in a school where you are less established they are going to be less inclined to go out of their way to be flexible if you've only been there in person a few months. They may well think 'what if this year repeats itself?' - whereas a school you've been at longer may say, over the last 5 years last year was an awful year, but the rest have been great. What can we do?

Op, you have a condition that is likely to meet the criteria for disability and they advertised your job without telling you or inviting you to apply? Wow, that's low and yes, it may well be you have a case for a discrimination claim which would also potentially make your dismissal unfair too.

Speak to your Union again and speak to ACAS (although they can be hit and miss). Also see if you have legal protection with your home or motor insurance - although they will want a 50% chance of success to back you in any claim - and get some specific advice.

You need specific advice from an employment expert but the likely process is you will need to raise a grievance with you current employer presenting the facts of your disability so as to meet the definition in the Equality Act 2010 and then argue that but for your disability you would have had your contract extended. You won't find people with sufficient knowledge of the law in AIBU so you could try Employment Issues but it's no substitute for specific advice. I practise in England and Wales (not a lawyer but HR practitioner) and the law for discrimination I'm fairly sure is the same in Scotland but possibly different in NI (I've not checked recently though).

The part time work thing is nonsense, as a pp said, they cannot decide to reject all part time working without risking claims of indirect sex discrimination. Also, an increase in hours in the opposite of your job ceasing to exist which would be a valid reason not to renew a FTC.

Any grievance and subsequent appeal should reach the governors. As Babba says, all temporary and fixed term contracts should be reviewed by the Resourcing committee or whoever is responsible for finance at the school.

Some of the "advice" posted on this thread is factually inaccurate so don't take it all to heart. Disability is not a get out clause for everything, but a fixed term contract does not convey fewer employment rights than a permanent one. If the job exists the op has a right to be treated fairly and if her disability means that she cannot do her job then her employer is within their rights to dismiss if they follow the correct and legal process. I would suggest based on what the op has said that her employer is unlikely to have done this.

I'm sorry you have suffered so much op. I hope the situation resolves itself and stay well

The part time work thing is nonsense, as a pp said, they cannot decide to reject all part time working without risking claims of indirect sex discrimination

So they advertise a full time job for one year, someone gets it, has half of the year off sick, then wants to go part time even though its a full time job.....and you're suggesting its wrong and/or illegal for that person not to have got another contract?
That's crazy.

they cannot decide to reject all part time working without risking claims of indirect sex discrimination.
But we don't know the school are stopping all part time working.
Legally, they can decline requests for part time working for certain business reasons.
If the OP had put their request for part time working in writing then they would have to justify a decline in writing under 'business reasons' list.
But if they've been off work, mentioned they would like to work part time verbally and the school only has a full time post then they may not have told her because the OP has said they wish to work part time.

So they advertise a full time job for one year, someone gets it, has half of the year off sick, then wants to go part time even though its a full time job

Maybe I've misunderstood but I don't think the op has said she is full time? I could have missed it if she did as there are a few different posts but from what the op said it implied she is part time now. If that is the case and they need full time cover they should still offer her the chance to apply because the role has not ceased to exist. They should also be very careful and it seems they may not have been.

We have to be very careful not to talk in absolutes about the op's specific case because we just simply don't know enough - hence the prolific use of "if" and "may" in my post. Even if the op had a case it's not always worth pursuing for various reasons.

MaisyPops the op has implied they are stopping all part time working which would be problematic as I said. If that's not the case, then of course, not a problem. They should still have offered her the chance to apply unless she was unable to do the role due to her condition in which case there are proper procedures to follow when it comes to disability for an employer to avoid the possibility of claims against them. It is not clear those have been followed at all.