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INDIRECT DISCRIMINATION CASE

richp90
richp90 Member Posts: 4 Connected
edited December 2019 in Work and employment
Afternoon All. 

I have worked in the NHS for over 10 years now but unfortunately the past 12 months, slightly more I have been either absent through to sickness or on adjusted duties/hours. There is a ongoing investigation into my mental care provider as they have not met NICE guidelines 

I had a severe emotional breakdown in January 2018 which made it increasingly difficult to work throughout the evenings and nights, eventually I had to go off on long term sickness absence which in brief I have now been issued a stage 3 absence management through to capability grounds of not being able to fulfil my role as a porter supervisor. the outcome of this hearing was that I was demoted to a porters role working from 0900-1500 Monday to Friday until March 2020. In order to stay in employment with the trust I have accepted this but on my first shift of doing it I was harassed and victimised resulting in me having to stay off up to now with stress caused through ongoing grievances with my line and senior manager. 

A occupational health Physician has since seen me and supported my decision to stay off until the grievance's are investigated. The grievance has now been investigated and with the outcome showing signs that the trust policy and procedure had not been followed I have appeal it. This is also the same for my Stage 3 outcome as I demoted because of false information being given from my line manager that the trust could not accommodate me on day time working with one of my colleagues working during that time. 

Please note I was still paid a supervisors rate when this decision was made therefore the trust was not saving any money and there was no one covering my shift on a ad-hoc basis producing additional expenditure. 

I have had several occupational health reviews and many individual stress risk assessments that had not clearly stated that I should not be doing a supervisory post. I am under psychiatric review but from a occupational point of view there were no red flags indicating that I must be placed on adjusted duties as a porter but on adjusted hours while I recover with counselling, medication and other forms of recommended interventions i.e exposure therapy. 

I formally appealed my managers decision to take away my supervisory role on the grounds that they had merged a existing role into another to prevent me from being able to do supervisory tasks during the recommended times of work on a temporary basis making it only possible for me to work as a porter. it is evidentially proven that I could have remained a supervisor working alongside with my colleague however unison have scored the evidence as weak. 

I have appealed to the director of workforce and awaiting a response as well as a second investigation about the grievances raised. 

I would appreciate some advise from anyone who has been through this kind of thing and how they went about a resolution or if was not possible how they prepared for acas conciliation leading to a employment tribunal claim. If anyone works in the NHS with a vivid understanding of the staging system and AFC contract etc please do get in touch. 

please note that I can share my reports and outcome letters but I would need to delete names and trusts logos etc. 

Comments

  • Han_
    Han_ Member Posts: 151 Pioneering
    Hi @richp90 and thank you for sharing this with us.

    I am sorry that you have yet to receive a response to your post. In the meantime, have you had a look at the Citizens Advice website? This may be useful to you. 

    I hope you can find a resolution soon.

    Han
  • thespiceman
    thespiceman Member Posts: 6,389 Disability Gamechanger
    Hello @richp90   l would suggest speak to some one legal like the law society.

    https://www.lawsociety.org.uk

    Hope that helps you.

    Please take care.

    @thespiceman
    Community Champion
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  • Namaa_Alumni
    Namaa_Alumni Member Posts: 34 Connected
    edited December 2019
    Hello @richp90

    I agree with you, this sounds to me like a case of indirect discrimination.

    I am sorry you had to go through this. 

    I think you need to get legal help, 

    We have some good advice on our website on Sick Pay, please do read through it 

    Sick leave 

    We also have some good advice on our website on what discrimination at work looks like.

    Your employer is not providing reasonable adjustments that would help you to do your job, but has demoted you instead. please read through our discrimination at work piece, I have added the link below.

    Discrimination at work 

    Please do seek legal advice. 

    We have good advice on our website of finding legal help

    Finding legal help 

    You can get free impartial advice on all workplace issues from the Advisory, Conciliation and Arbitration Service (ACAS), I have added a link to their website below. 

    Advisory, Conciliation and Arbitration Service (ACAS) 

    You can call ACAS on 0300 1231 100

    And you can get legal help from Unison, please call Unison's legal advice service by calling Unison on 0800 0857 857   before you speak to your union rep. 

    If mediation fails, you can make a claim for disability discrimination.

    Make a claim at an employment tribunal (GOV.UK)

    Please take care. 






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