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Is this discrimination?

53 replies

Nacknick · 11/10/2017 12:55

I have a chronic health condition recognised under the equality act. My boss has arranged the team Christmas lunch in a location that I cannot access due to travel restrictions placed on me by HR following an occupational health assessment.
Is this discrimination?

OP posts:
Appuskidu · 11/10/2017 21:38

It's difficult to know how discriminatory they are being without knowing more details really. Do you never travel distances?

Nacknick · 11/10/2017 21:39

Yes of course it affects me in my personal life as well, not being funny but I don't know of many part-time disabilities which only occur during work time Grin.

No, that wouldn't be possible because I can't do overnight stays (another reasonable adjustment) and the total travel time for the day is about 8 hours.

I do appreciate everyone trying to find ways to 'solve' the travel issue but it really isn't possible. And believe me no one is more frustrated than me by the way this bloody illness affects my life. I'm just trying to navigate my way through a corporate structure not used to dealing with the newly (and permanently) disabled.

OP posts:
LoveProsecco · 11/10/2017 21:56

I think you have been treated very poorly Flowers

Nacknick · 11/10/2017 21:57

That was to fritz...

Peas, yes it does feel rather mean.

Glitter, insane is about right...

Appuskidu, I don't really want to give more details as I think I've provided quite a lot of explanation but I didn't think there were degrees of discrimination, isn't it more binary than that? What would make it ok to exclude me in this way in your view?

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Nacknick · 11/10/2017 21:58

Thanks prosecco

OP posts:
lougle · 11/10/2017 22:02

Why should she have to do that, Fritz? This is outrageous. It is discrimination (and I don't use the term lightly) and you should pursue it, raising it with HR if necessary.

Bourdic · 11/10/2017 22:37

Peas it’s more than that - it’s absolutely and completely and undeniably fucking disabilist

Nacknick · 11/10/2017 22:46

Thanks Lougle and Bourdic, it does make me feel better to know I'm probably not wrong about this.

OP posts:
LadyLapsang · 11/10/2017 23:14

I don't think it can be assumed no one else has a disability. As you state, you have a hidden disability and lots of people try to hide their disabilities in the workplace. Out of interest, were people asked to vote on the location?

FritzDonovan · 11/10/2017 23:27

I wasn't saying she should, lougle. I was just looking at alternatives as the decision has already been made and is unlikely to change.

OP, I wasn't suggesting that you put on your disability for work hours only, however, I could see how with something like restricted movement /physical/incontinence issues, for example, where shorter travel times and rest periods are possible you would still be able to attend.
I'm assuming there is a reason for that venue choice, especially as your manager didn't change it after being reminded of your restrictions according to HR. She must be aware of the potential for accusations of discrimination, surely?? Or maybe HR needs to run an information meeting for managers, as it obviously hasn't got through.

windowSong · 12/10/2017 06:40

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

CosmicPineapple · 12/10/2017 06:51

A team meal should include the whole team.
Your manager knows the restrictions HR have put in place so to arrange this knowing you could not attend is singling you out. Yes it is discrimination.

Bourdic · 12/10/2017 10:14

A four hour trip each way - who said that?

disahsterdahling · 12/10/2017 10:23

Hi OP I think people are a bit confused because you've said HR have put restrictions in place. You've muddied the waters a bit because it sounds a bit like HR have said you can't travel but you could do it.

But actually you can't. It's too far. So you need to say to your manager again that you can't travel that far for reasons of disability and the manager needs to rethink the venue. Write an email, copy in HR, and make clear a closer venue exists that you could attend and therefore you expect the event to be held there.

All that said, I'm not sure I could be bothered either way. I'd welcome an excuse not to have to go to a work Christmas party. Especially if I had to pay for it, too.

Nacknick · 12/10/2017 12:26

Yes it is 4 hours each way. Crazy indeed.

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Nacknick · 12/10/2017 12:40

@ladylapsang - all other team members regularly travel 200 miles or so for meetings, so I think I can be pretty sure there are no other hidden disabilities. Also my manager has been pretty indiscreet about my restrictions so would have known about it from her Hmm.

@dahling (and others) Sorry if you feel I muddied the waters, but I mentioned the HR restriction to try and make it clear that it is a reasonable adjustment that has been officially agreed and not just being being a special snowflake and not wanting to travel.

Thanks to whoever reported window's post. I was going to respond to it, but it did seem a little unfair since I'm just asking the question in good faith.

So anyway here is my final question. How can I raise this in a non-confrontational manner, to try and make it so that my boss seeks out additional guidance and training from HR to understand that this IS discrimination?

OP posts:
mummyretired · 12/10/2017 12:50

At my previous employer, those unable to attend the work xmas do through no fault of their own (for instance, having to be at a different location for work that day) were given a cash alternative of £35. Is this something your employer would consider as a reasonable adjustment?

Nacknick · 12/10/2017 17:00

It really isn't about the money, or even particularly the event. It's about finding a way to challenge the behaviour without falling out over it. My manager either doesn't realise it's discriminatory or doesn't care and I'd just like to find a way to make her think so that it doesn't become a pattern of behaviour.

I don't think that's unreasonable?

OP posts:
DancesWithOtters · 12/10/2017 17:27

This reply has been deleted

Message withdrawn at poster's request.

Allthebestnamesareused · 13/10/2017 12:36

But the OP thinks that the other office should travel 8 hours to get to her locality have lunch and then go back/stay over at their own expense.

prh47bridge · 13/10/2017 13:18

But the OP thinks that the other office should travel 8 hours to get to her locality have lunch and then go back/stay over at their own expense

No, the OP thinks that they should not make an arrangement that discriminates against a disabled person, thereby excluding her. They could have multiple Christmas lunches in different locations so everyone can attend. They could have Christmas lunch in a location between the offices that everyone can attend (which would mean no-one would face a four hour journey each way). Or they could come up with some other solution. But what they are doing is discrimination, pure and simple.

Nacknick · 13/10/2017 13:21

No I don't Shock... where on earth do you get that from??

The compromise that I was fully in agreement of was to meet at an office mid-way between the two.

(Or not include the other team and meet locally...)

And none of this travel would be at our own expense, so stop making stuff up please.

OP posts:
Nacknick · 13/10/2017 13:23

Thanks prh47, this thread has been an eye-opener to me and explains why there is so much casual disablism which I certainly was unaware of before I developed this illness.

OP posts:
mummyretired · 13/10/2017 13:28

I didn't mean to suggest it was about the money, sorry for any offence. My idea was that the process of providing you with some sort of 'Christmas bonus' as an alternative to attending the event would force the employer to officially acknowledge that you had been excluded (particularly if it meant authorising cash), and perhaps consider more carefully in future.

Nacknick · 13/10/2017 13:50

Thanks mummy, yes I can see where you're coming from but I think a more direct approach is needed. But my manager tends to shoot from the hip and think afterwards, so I need to work out carefully how to do that.

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