Possible discrimination?

[HRhandhold]

Name changed for this. Hoping Flowery Beanbag is around.

I have a physical disability and am signed off work. I also have anxiety.

I am compliant with medication and treatment regimes however these are still being fine tuned as my condition is currently unstable.

My employer has contacted me requesting I complete urgent pieces of work from home.

Should I be expected to work when my GP has said I am not fit?

I have been there for a number of years and until the past few months I had good attendance. However, whenever I am absent from work my responsibilities are not covered and work builds up. Upon my return I then have a backlog and have to work extra, contrary to a OH report.

I am debating handing in my notice. Is this discrimination or am I over reacting?

If you’ve read this far and not given up, thank you.

yes it is discrimination.

So you should drop them an email saying:

"Dear Manager
Anxiety is a recognized disability under the Equality Act 2010. To ask me to work from home whilst signed off sick would only exacerbate my anxiety and would be contrary to my doctor's advice that I am 'unfit for work'.
Your request may also constitute harassment under the Equalities Act 2010.
I ask therefore that you arrange another colleague to cover this work in my absence or wait until I am well enough to return to work.
Many thanks OP"

Are you in a union?

Thanks for replying Strictly.

Yes I am in a union. I will call them when I am up to having a discussion. Just wanted some general advice as not sure whether my anxiety is clouding my judgement. I am not signed off with anxiety - it’s due to a physical impairment however my anxiety is now through the roof.

I was wondering whether it’s constructive dismissal. There’s been other issues but this feels like the final straw.

In isolation it isn’t discrimination, no. It’s a simple request. Plenty of people would be fine, or would even prefer, to do a few urgent things from home, and it is sad when managers become terrified of having a perfectly sensible adult conversation with someone who is off sick/on maternity leave/similar in case the person starts screaming discrimination. I’m not saying you are doing that OP, but it happens.

Where it could be discrimination is if there is pressure to work, or a refusal is penalised, or it is part of a pattern of less favourable treatment. Those things may well be the case, but it is not automatically discrimination just to ask a simple question.

Respond politely saying you don’t feel well enough to do anything currently, and saying something about what level/kind of contact you are comfortable with while you are off.

Have just seen you are signed off with a physical impairment- in which case it’s even less unreasonable of the employer to ask the question. Loads of people stuck at home with a bad back or broken leg or whatever would be bored and perfectly happy to do a few bits from home. Ridiculous to think it’s outrageous to even ask!

she's signed unfit for work! that includes working from home!

Hello Flowery, thank you for replying. I was not ‘asked’ as such. I have been told it has to be done and have been given a deadline.

I am not off with a broken limb or bad back, I am really quite ill under consultant care on new treatment with corresponding side effects. The anxiety is just a bonus.

On previous occasions when I have been ill my workload has built up and deadlines are missed. This increases my anxiety and in turn, impacts upon my physical disability. I am aware of conversations amongst staff over why I am off.

I have then explained that I am working over the hours recommended by OH (and agreed to by my employer) - trying to catch up and the subsequent impact this has on my health but nothing has been implemented to prevent this.

There is no disability leave policy.

I am willing to accept I am over reacting.

Was this request sent through a work email? If you are unfit to work I would promptly sign out of your work email and promptly ignore. They're putting some light pressure on here to see how you'll react.

But no it's not discrimination. They're requesting something is done. Unless they try to discipline you when it's not done is discrimination.

No they contacted me on my personal mobile, not my work account.

Why are you checking work emails when you are sick????

Just seen your updated- I take it back

”she's signed unfit for work! that includes working from home!”

So? In which case she is of course free to say no. But it is not automatically discrimination to ask a question!

”I have been told it has to be done and have been given a deadline.”

Ok, so that’s different from what you said first. You are fine to say you cannot do it as you are not well enough, and to be clear about what contact you want while you are off. If they penalise you in anyway for refusing or this is part of a pattern, then I would consider it to be discrimination.

I haven’t been asked a question - I’ve been told to complete certain pieces of work by a specific date.

I will say no and see what happens.

Sorry, crosspost.

Ignore the message on your personal phone. Do not reply to it but ring HR and just reaffirm that you are unwell and you are not to be contacted. I hope it all works out :)

Hi. I’m head of equalities at a large organisation. No definitely not discrimination as you are not being treated different or harassed in relation to one of the 9 protected characteristics. I would say it’s a bit unreasonable but it’s a difficult situation to judge with not knowing a lot about the culture of the business

You need to request an occupational health appointment. At this appointment you can discuss reasonable adjustments and disability leave.

For me, all disability related sickness is written off and not included in my proper sick leave. Though tbf I do have one of the 3 disabilities explicitly mentioned in the equalities act.

Feel it's worth mentioning that, if you were to complete work at home, you might invalidate your sick note. If your note says that you are unfit for all work, comply with it.