Is this direct discrimination

lynxy1990

I have been off sick since the start of Jan with psychological stress, my HR department made an occupational health referral with me on the 3rd of Jan in line with my return date which was 1st of February, however after chasing it down and occupational health chasing it down it was apparent that this referral wasn’t ever sent to them the GP updated my fit note during this time saying ( Can return to work pending occupational health review) I have a disability (Mental Health problems) which the company is aware of. Furthermore to this I was accessing counselling through their support system for employees (Simply Health)  which was never extended after this was agreed with HR. Back in 2022 I have written evidence of two managers saying I will use the mental health card to my advantage when I first asked for reasonable adjustments. I have raised a grievance and after the response to my complaint which I did not find satisfactory I contacted ACAS to request early conciliation. Would the above be direct discrimination? Please advise.

Albus_Scope

Hi @lynxy1990 and welcome to the community.

I'm sorry to hear about your issues with your place of employment, we have a lot of information on what classes as disability discrimination here. Have they denied your request for reasonable adjustments and given a reason?

lynxy1990

@Albus_Scope Thank you, I believe it is because I won an appeal and got reinstated into my role after they fired me, I believe they just don't want me back so were trying to prevent this from happening smoothy thus not acting in good faith.  They have not denied it however they only got the meeting sorted with OC health after I wrote my grievance letter in, before that I was just being ignored. 

MW123

lynxy1990 said:

@Albus_Scope Thank you, I believe it is because I won an appeal and got reinstated into my role after they fired me, I believe they just don't want me back so were trying to prevent this from happening smoothy thus not acting in good faith.  They have not denied it however they only got the meeting sorted with OC health after I wrote my grievance letter in, before that I was just being ignored. 

I cannot imagine how difficult and draining this entire situation with your employer must be for you. If you were reinstated after an appeal and believe your employer is now trying to prevent a smooth return, you could potentially argue that the initial firing and the subsequent actions are part of an unfair and discriminatory pattern. 

The original firing could potentially be argued as an unfair or wrongful dismissal due to discrimination, since it seems it was overturned on appeal. Their failure to promptly schedule the OH meeting as agreed upon for your return, and only doing so after your grievance letter, could show they were not acting in good faith to properly facilitate your reinstatement. This lends credibility to the view that they may be trying to indirectly prevent your smooth return or set you up to fail by not providing appropriate support. 

If you can demonstrate these points, you may be able to claim unfair or discriminatory dismissal and pursue compensation, including loss of earnings, notice periods, holiday pay and potential legal fees. Consulting an employment solicitor would be advisable to properly assess the full circumstances and options. They could help determine the strongest claims and timelines based on the dismissal, reinstatement, and ongoing issues. 

It's deeply troubling to hear about the unacceptable way your employer has treated you. While resolving this situation through proper legal channels is understandably the priority, hopefully the process will also serve as a wake-up call to your employer, reminding them of their duty of care to their employees. Best wishes for a swift and fair resolution to your employment situation.

 

 

 

 

 

 

lynxy1990

MW123 said:

lynxy1990 said:

@Albus_Scope Thank you, I believe it is because I won an appeal and got reinstated into my role after they fired me, I believe they just don't want me back so were trying to prevent this from happening smoothy thus not acting in good faith.  They have not denied it however they only got the meeting sorted with OC health after I wrote my grievance letter in, before that I was just being ignored. 

I cannot imagine how difficult and draining this entire situation with your employer must be for you. If you were reinstated after an appeal and believe your employer is now trying to prevent a smooth return, you could potentially argue that the initial firing and the subsequent actions are part of an unfair and discriminatory pattern. 

The original firing could potentially be argued as an unfair or wrongful dismissal due to discrimination, since it seems it was overturned on appeal. Their failure to promptly schedule the OH meeting as agreed upon for your return, and only doing so after your grievance letter, could show they were not acting in good faith to properly facilitate your reinstatement. This lends credibility to the view that they may be trying to indirectly prevent your smooth return or set you up to fail by not providing appropriate support. 

If you can demonstrate these points, you may be able to claim unfair or discriminatory dismissal and pursue compensation, including loss of earnings, notice periods, holiday pay and potential legal fees. Consulting an employment solicitor would be advisable to properly assess the full circumstances and options. They could help determine the strongest claims and timelines based on the dismissal, reinstatement, and ongoing issues. 

It's deeply troubling to hear about the unacceptable way your employer has treated you. While resolving this situation through proper legal channels is understandably the priority, hopefully the process will also serve as a wake-up call to your employer, reminding them of their duty of care to their employees. Best wishes for a swift and fair resolution to your employment situation.

 

 

Thank you, it has been really hard  to make matters worse they had all my work equipment since October and found nothing else that was a concern but after I win my appeal and 2 weeks before I was supposed to return to work they tell me they find something else they want to investigate, they decided to tell me this when I was still off sick, none of my team knows I even won the first appeal and when I was fired back in November they did tell them all I was fired and not coming back they even tried to hire a new person to do my job before I had appealed and before the 7 days was up to write an appeal letter. 

  

 

lynxy1990

Thank you, it has been really hard  to make matters worse they had all my work equipment since October and found nothing else that was a concern but after I win my appeal and 2 weeks before I was supposed to return to work they tell me they find something else they want to investigate, they decided to tell me this when I was still off sick, none of my team knows I even won the first appeal and when I was fired back in November they did tell them all I was fired and not coming back they even tried to hire a new person to do my job before I had appealed and before the 7 days was up to write an appeal letter. 

  

MW123

 It is a lot of uncertainty and unfair treatment you are dealing with.  It must be frustrating to have your work equipment held since October and to have new concerns brought up right before you were supposed to return to work. I would recommend continuing to pursue the appeals process and getting legal advice if possible. Document everything they have done and seek support from any allies at work.