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is this discrimination?

57 replies

UselessEmployee · 12/09/2010 13:32

I've been off work sick for the past eight weeks, and had a meeting with my supervisor about it last week.

The upshot of it is that, unless I can "persuade" him by December 31th that I will take no more time off between now and the end of April 2013, I will be sacked. His rationale is that my performance is affection the funding chances of the whole department.

Is he allowed to specify this?

And given that, as a woman I am more likely to get pregnant than my male colleagues, and given that my disabilities mean that I am off sick more than my non-disabled colleagues, is this discrimination?

(Really, my chances of taking no further leave are nil. I'm in and out of hospital and if/when my health improves I want to TTC ASAP.)

OP posts:
flowerybeanbag · 30/09/2010 17:42

that's fantastic news. GrinGrin

Hope you get the support you need and deserve from now on.

StealthPolarBear · 30/09/2010 20:42

Brilliant!
Hope you got an apology too

UselessEmployee · 08/10/2010 13:38

Sadly, I'm back. OMG. I wish I wasn't.

Whereas I'm very glad my job seems semi-secure, the atmosphere in the place is now vile. The individual behind the attempt to remove me is not happy to have been overruled (I suspect knuckles have been rapped by higher management) and is generally making me feel very uncomfortable. I now feel as though my victory was a pointless one as I'll now forever be seen as a shit-stirrer and a liability.

Does anyone have any ideas on how to proceed?

OP posts:
Stinkermink · 08/10/2010 13:52

Been watching this thread with interest. Dismissal appeals are interesting from a professional point of view because although the best outcome for the employee is to get their job back, sometimes it is a bittersweet victory. The problems of the workplace have not been resolved and may bubble away until you feel you have to leave of your own accord. Bingo, employer wins. You leave, give notice and they don't need to pay any compensation to you. I hope it isn't too unbearable for you, it's hard enough getting back into the workplacenafter prolonged illness as it is. Consider speaking to your HR about returning to work policy (often called rehabilitation into work), and consider mediation with your line manager an option or initiating a grievance before the situation escalates.

UslessEmployee · 08/10/2010 14:04

That's exactly how I feel - if we weren't in the midst of recession, job-shortages and benefit cuts, I would just give up and leave.

Mediation sounds a good idea, though.

Stinkermink · 08/10/2010 14:28

Give it a go. I think you might be able to resolve some way of working if there are no other underlying capability issues. As you say you have positive emails and feedback. I assume your appraisals and reviews have been good so no reason to believe that your performance is below par. Do your research, protect yourself and get good advice. But if you work with your HR to mediate before it gets any worse you are in a much better position.
The last thing you need is any illness exacerbated by further stress. Try to put it all behind you if possible. Giving up and throwing in the towel is exactly what bullies want you to do. I am taking it from your post that it is one person making life uncomfortable not the entire organisation.

RibenaBerry · 08/10/2010 15:39

Yup, work with HR. Not only is that the best way to try and get things fixed, if it doesn't and you feel that you are forced to leave, you may well still have a claim linked in to 'victimisation' rules.

Constructively, talk to HR about the manager's attitude and how you want to build a better relationship. Ask what they can do to try and work with you to improve the situation.

Try and think creatively. For example, is there another manager who could act as a mentor to you during your return. Not taking over as line manager, but a mentoring relationship (much like some companies give employees returning from maternity leave).

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