AIBU to think I this is discrimination?

[glossgliding]

Name change!
Long story short...I've been ill for the last few years and required quite a bit of time off during the time ( 6 months in total over the 2 years).
I finally received a diagnosis and have three autoimmune disease.

Due to my time off I was given a first warning and an attendance improvement requirement for 12 months.
Unfortunately my immune system is in overdrive again and everything is flaring up meaning I'm off work and about to start new treatment.
My days are spent worrying about the repercussions of my latest absence which isn't helping matters.
I have asked many times to work from home which has been refused, I have a fit note for every absence and provide every specialist letter to justify my absence. I have also had training for progression refused due to my absence.

AIBU to think i am being treated incorrectly and discriminated against? If so, what can I do?

Hey OP, fellow multiple autoimmune sufferer here.

You have the right to ask, they have the right to say no. If you have a disability and raise this with your company, they have an obligation to make reasonable adjustments. The key word is reasonable.

So in my case, they should provide ergonomic assessments and appropriate workstation, they might assess the area I work in, no trip hazards, stairs. They may make a room available for me to take medication and even extend a break time for me so I can ensure I've had time to eat/medicate and rest.

But as you know we all have the right to request working flexibly, as long as they tell you no, based on business needs, they are correct.

If you have a Union Rep go and see them, either way review your HR policies if you can access them. You should ask to speak to Occupational Health if that is offered, it's possible they will suggest some days WFH as a reasonable adjustment.

You need to go to occupational health as pp stated. They have to make reasonable adjustments and these can include changes to the number of absences you are "allowed" before any warnings etc and they can suggest things like working from home and specialist equipment might help you manage better.

You won't necessarily get unlimited absences without any action though, unfortunately.

It's a real slog working with chronic illness unfortunately.

The key is reasonable adjustments- if your employers have a valid business reason for refusing request for wfh or flexible hours, then it is not discriminatory to refuse your request. So I suppose it depends on whether your employer has considered your request and declined for a good reason- you could discuss with your union rep if you have one.

I think an occupational health assessment may be useful, they can make suitable recommendations for adjustments that may help. Although, I very much doubt they will be able to prevent all absence procedures being followed, though they may be able to recommend more lenient parameters for you than their usual policies.

Reasonable can also depend on the nature and size of the business. E.g. if you needed a special workstation that costs thousands of pounds, this might be reasonable for large multinational to provide but not for a small business.

If your illness means you cannot fulfil your role even with reasonable adjustments, then they can end your employment without being in breach of the law. If you and they disagree about whether what you need is reasonable, you will need to go to tribunal.

You’re covered by the Equality Act but if they’ve made ‘reasonable adjustments’ (or they can’t make them due to the nature of your job) they don’t have to keep employing you. Even if occupational health recommends certain adjustments like wfh your managers can reject them if they ‘don’t suit the service’. Sadly most workplaces have a strict sickness absence policy that consists of informal then formal reviews with HR present, and if you can’t meet the targets they can terminate your contract on capability grounds due to illness. Or they might redeploy you if that’s an option. Even with all the medical evidence they can still end your contract based on you being unable to do the job you signed up for.

If you’ve had a condition for 12+ months that affects your day to day life (or some phrase like this) then it counts as a disability. This is a protected characteristic so yes they have been discriminating against you ever since 12 months had initially passed of you suffering from the auto immune disorder.

But disappointing that their HR department didn’t know this already! Are you a trade Union member by any chance? If not you might have to fight this battle alone if you can’t afford an employment solicitor. You might get good advice from somewhere like ACAS though. If solicitor thinks you might have a good shot at a tribunal then they might take your case on as no win no fee?

AIBU isn't the right place for this - you've already had some incorrect advice. Talk to an employment lawyer if you can, if not then ACAS.

@SweetBabyCheeses99

If you’ve had a condition for 12+ months that affects your day to day life (or some phrase like this) then it counts as a disability. This is a protected characteristic so yes they have been discriminating against you ever since 12 months had initially passed of you suffering from the auto immune disorder.

But disappointing that their HR department didn’t know this already! Are you a trade Union member by any chance? If not you might have to fight this battle alone if you can’t afford an employment solicitor. You might get good advice from somewhere like ACAS though. If solicitor thinks you might have a good shot at a tribunal then they might take your case on as no win no fee?

I have read nothing that suggests the employer has discriminated against the OP. For a start OP said they have only just had a diagnosis, so prior to this they simply had a poor attendance record. An employer will not be found guilty of disability discrimination if they have not been informed of a disability.

Now that OP has had a diagnosis, which may or may not be considered a disability (as that is not always black or white), they need to speak to their employer with the new information, request reasonable adjustments and take it from there.