I'm being moved to a new role that's completely inappropriate. Is this discrimination? — Scope | Disability forum
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I'm being moved to a new role that's completely inappropriate. Is this discrimination?

Marin
Marin Member Posts: 4 Listener
edited September 18 in Work and employment
Good Morning
Happy to be here however also sad that I am here to get advice due to issues at work.  
After 3 years of doing a job I love I am being moved to a role that is completely inappropriate.  I have challenged this and my line Manager has admitted that he did not know I was registered as disabled.  His Manager who made the decision has also admitted that he did not know I had restrictions.  
Surely the Disability at work act has been breached in trying to put me into a role that is completely inappropriate?.

Comments

  • janer1967
    janer1967 Member Posts: 12,821 Disability Gamechanger
    Hi and welcome to the community 

    The act that covers disability is the equality act 

    If they didn't know about your disability then how would they know you have restrictions 

    Did you declare your disability when you started work ? 

    I am presuming it is a non visible disability if they didn't know 

    Did they discuss the change in role with you and did you voice your concerns and is there any reason why your role is changing 

    Sorry for all the questions 

    You can always put a complaint in writing stating why you think this is unreasonable and ask if they can look at the potential to keep you in the role you are in 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • Marin
    Marin Member Posts: 4 Listener
    Many thanks for your reply.  

    The point I am making is they are my boss and they should have known.  They were informed when they took over as my boss and did not bother to clarify or ask questions.  
    My disability is as a result of a serious injury at work and it is obvious to people that work with me.  
    Yes I voiced my concerns and they fell on deaf ears.  My role is only changing due to low staff numbers and I was shown as someone that can be moved.  
    In a nutshell I am a Police Officer and I have seriously injured both knees while at work.  I have gone from being super fit to not being able to even jog.  I have many restrictions that were put in place to protect me and the people I might deal with.  This has been fine for 3 years plus.  However now they are changing all of this and changing my role which will involve doing things that are specifically on my Doctors report as restrictions.  
    I hope that is clearer now?.


  • janer1967
    janer1967 Member Posts: 12,821 Disability Gamechanger
    Yes thanks lots clearer 

    I suggest you contact your hr dept also do you have anything in writing about what has been put in place to protect you 

    Are you in a union at all they would be good for advice 

    Could they put reasonable adjustments in place in this new role 

    I suggest you take the matter to someone higher if you are not getting anywhere 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • Marin
    Marin Member Posts: 4 Listener
    Thanks again for taking the time to reply.
    I have escalated and being an investigator I have kept everything.  We have our Federation but they are very weak but again I am going down that road as well.  
    They could put adjustments in but from my meeting they are not going to.  
    The surprising thing is none of these decisions or their attitudes surprise me anymore.  After 23 years I have seen this type of bullying behaviour numerous times.  
  • janer1967
    janer1967 Member Posts: 12,821 Disability Gamechanger
    As suggested speak to hr and put a complaint in writing saying under the equality act they are not complying with reasonable adjustments agreed previously and you are not able to fulfil all part's of the new role 

    Also check out acas website for more information 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • Marin
    Marin Member Posts: 4 Listener
    Many thanks.

    Take care and have a good weekend.  
  • Fred2021
    Fred2021 Community Volunteer Adviser Posts: 34 Connected

    Hi @Marin

     

    A warm welcome to the community.  Thank you for sharing this with us.  I am sorry to hear that this has been your experience, and hope you are managing ok.

    Just to follow up on what a previous poster has mentioned, for free and impartial information relating to employment legislation in this situation, you may wish to contact ACAS:

    ACAS Helpline

     

    Please keep us posted with how you are getting on, and feel free to explore the rest of the community.


    Community Volunteer Adviser.  I have some expertise in the following subjects, gained through professional settings such as employment and high level education: autism, learning disabilities, employment.

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