Have I been discriminated against?

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1

Hi

 

I started my current job on a 6 month fixed term contract, back on 24th October 2013.  On 13th November I was diagnosed with BC.

 

My initial contract was 6 months fixed term, then after the 6 months, they would decide whether to make me permanent.

 

However, during my time off for my mastectomy and reconstruction, the HR Manager visited me at home and brought round a hamper (very nice indeed), but then also informed me that I would be dropped to half pay (fair enough as I wasn’t expecting anything anyway) and that my fixed term contract was being extended to end of July.

 

Upon my return, I had no difficulty in going to appointments or in seeing a counsellor, but I did find it all very difficult.  I only had 8 weeks off - 2 weeks prior to the appointment as I had a bit of a melt down, then 6 after the op.  I came back feeling as if I had to relearn the job (bearing in mind that I had only just stared when I was diagnosed - so was learning a completely new job whilst trying to cope with the news).  It was a very difficult time indeed, I was completely not myelf until at least 6-8 weeks after my return - I had completely lost my confidence.

 

Just after the end of July, my HR Manager met with me (I forgot to mention that I’m her HR Assistant) to inform me that due to restructuring of the company and her increasing work load, that she will be needing an HR Advisor - she put my current job description and the proposed one in front of me.  She said that I was welcome to apply for the new role, but it would be going externally also.

 

She then said that they would extend my current fixed term until end of October and give me one month’s ex gratia payment, tax free for staying on should I not wish to apply for the new role.

 

I said to her that she quite clearly didn’t think that I could do this new role and she answered that she wouldn’t say I couldn’t, just that she hadn’t seen it, although wasn’t specific in what it was that she hadn’t seen.  Also apparently I’m too nice for the company!

 

I spoke to a friend the other day and she felt that I had been discriminated against, I argued against this at first, but the more I think about it, the more I realise that if I hadn’t have got this diagnosis, the chances are that I would have been made permanent by now.

 

What do you think?  Have I been fairly treated in the eyes of the law??

 

Thanks

 

H x

 

 

2

Hi HFK

 

I have recently taken my employers to the Employment Tribunal for Disability Discrimmination as they offshored my role and declared me surplus to requirements shortly after returning from sick leave, I was then dumped in a redeployee pool for 12 months whilst constantly being harrassed either into getting another role within the company (there were very few) or to take a redundancy package, which I declined. I went through 18 months of hell with the Grievance, Grievance appeal and finally the tribunal - of which I lost. The panel were highly critical of my treatment and the company but stated that I had not be discriminated against and the company have the right to restructure their organisation. Although my case is different to yours (I work for a large Blue Chip company and have 22 years service) I was told from the outset by various bodies and legal advisors that disability discrimination was extremely difficult to prove and they were right. I have no doubt I was discriminated againt, but proving it in law is very different. Unless you have reams of evidence and a cast iron case I would say save yourself the stress. I do now have another role within the same company through somebody I know and take comfort knowing that if nothing else they were reprimanded by the court and that the case must have cost them thousands and thousand of pounds, it’s also worth noting that a disability discrimination claim in the Employment Tribunal court cost’s £950 before you’ve even started, I managed to get my claim in before this was introduced. Take care and let me know what you decide. CC x

3

Hi
I have found out something new since posting. I found out that the ceo dropped my pay down to half because I didnt declare my diagnosis when I started.
I feel so hurt at finding this out and just do not know what to do.
I started on 25th October and was diagnosed on 13th November. Therefore there was nothing to declare.

Should I have declared there was a lump on my nipple that I had ignored for over 6 months because I thought (stupidly) that it was a blocked duct! When I went to get my results I was so unprepared and thought it was nothing that I even went by myself.

I really dont know what to do. I’m not supposed to know this info so can’t openly fight my corner.
Feel so upset.
H x