AIBU to be angry at being turned down

[HotChocolateLover]

To be clear this AIBU is ONLY regarding the reason for being turned down. My work is offering a fully funded degree or masters which would progress my career. I was told I couldn’t do it because of my sick record this year due to three short periods of sick. My condition is a protected characteristic under the Equality Act. I feel they have acted unlawfully to cite this. AIBU to be upset?

Schadenfreude - Yes, a Masters is a lot of work, but Universities have to abide by the Equality Act too, and will make allowances for those who have protected characteristics impacting upon their studies. We do this all the time, it's routine. And it's not for the OP's bosses to unilaterally decide what the impact on her condition would be, they are not medical professionals.

Many Masters programmes can be completed P/T online over up to 6 years

This happened to a friend of mine who despite being in his role for a million years, he was utterly miserable. His department was particularly toxic and it affected his MH, but because of the brilliant organisation, he felt like he needed to stay there and a degree apprenticeship would have made it all worthwhile as well as rewarding his loyalty. I left the organisation and lost touch with him but the last I heard, he was in a really bad place.

Was it because you’d met Attendance Management trigger points? Because you can still do that even if your condition is covered, albeit the trigger points are likely to be adjusted.

This. Having a protected condition doesn't mean that there's no other criteria.

I appreciate that the ‘trigger points’ can be met. Crucially on my back to work sheets, my line manager has always ticked No when asked if I have triggered. Therefore, they may personally think i’ve Triggered but officially I haven’t.

I would try the softy, softly approach first as suggested above. And politely but firmly tell them you will take it farther as the decision seems discriminatory and a violation of the legal protections put in place for people with disabilities.

I would also emphasise your confidence in your ability to complete the course, despite your health condition.

If the three short periods of sick leave directly relate to your disability this could be construed as disability discrimination and I would definitely take this further.

Some employers are totally clueless and will carry on with discriminatory practice until they get pulled up on it.

I would raise it with them first - aim for non-confrontational - maybe asking to discuss their reasons for turning you down given your sick leave has been disability based.

but yanbu.

Hi,
I would email or give a letter to your manager stating that you find the decision unfair, and why, and that you hope they are able to reconsider - otherwise you intend to raise a formal grievance.

That gives your manager fair warning to consider whether they are on dodgy ground or would like to defend their decision to higher up the chain.

That should make things less awkward at work. You are simply saying in a calm and professional way that I disagree with your decision and if you choose to not reconsider I will ask for that decision to be scrutinised. Importantly you are not going behind their backs but being open.

Give them a time limit - perhaps a couple of days/a week - e.g. please could you let me have your decision by Monday the x of x and if your decision is that I am not eligible to apply for the course I would like to initiate the grievance procedure at that point.

"Thank you for considering my concerns and I look forward to hearing from you"

I would be concerned that if you are already having significant sickness absences, even if they are for a protected condition, that this extra work and pressure would be too much for you to cope with? Your work maybe feel the same and this is why they have refused to fund you?.
If it is unusual for you to have this amount of time off sick, perhaps they would be happy to fund you once your condition is more stable?
Ask for an OH appointment, then once discussed with them, and dependant on the outcome of this, perhaps seek a meeting with the 2 managers to discuss the way ahead.

As you are in the public sector, are you a member of a union? If so, ask them to come to a meeting where you can talk about what has gone wrong here.

you do need to talk to your manager again, if you haven't exceeded your trigger allowance it seems an odd decision especially as the sickness was the reason given. Perhaps if you show you really are committed to this opportunity they may reconsider?

@Playmytune that’s the whole point though, they can’t do that because that’s their opinion. If OP hasn’t officially met any trigger points then their opinion doesn’t come into it.

There would presumably be reasons covered under protected characteristics that would stop the OP from attending the workplace but not stop her from actually working or studying.

Would stress exacerbate your condition and cause more need for additional sick leave? If so, this may be the reason you were unsuccessful.

I thought the same as Hands, that they may be concerned the extra workload of the course would impact on your health and therefore your attendance at work. Especially if the absences are stress-related.

How long were those short periods of absence?