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I was refused more hours. Is this discrimination?

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AndrewHall
AndrewHall Community member Posts: 279 Pioneering
edited June 2022 in Work and employment
I am currently working in a part time job which requires standing for a long period but a reasonable adjustment was made for me to sit as and when needed. 
I have applied for more hours but my employer sent me an email specifically saying because I am unable to stand for longer period, they are unable to give me more hours. . Is this not a discrimination and harassment under the Equality Act 2010.?
Never allow DWP assertions to define you. They never have evidence of your true circumstances.
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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi there 

    I don't see it being harassment but could be discrimination 

    However they do have the right to select the best person for the extra hours and it depends what the extra hours would be for eg if they need someone to undertake tasks involving standing then you may not be the ideal person to offer the extra hours to 

    You could ask them to reconsider and give you a more detailed reason why they feel you are unsuitable 

    It's hard to advise not knowing the whole situation 

    Acas are best source for employment advice 
  • AndrewHall
    AndrewHall Community member Posts: 279 Pioneering
    edited June 2022
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    Thanks @janer1967

    As explained they have already given the reason as to why they think I cannot do more hours.  Yes they have the rights to choose whoever they give the job to but it cannot be on the ground of disability. 

    This is their exact response to me:  "Unfortunately due to the issues with standing, we are not able to offer you fixtures over at CFA as we cannot accommodate you having to take breaks and not being able to stand for long periods".

    Never allow DWP assertions to define you. They never have evidence of your true circumstances.
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Is it doing something different to the role you have the reasonable adjustments in place for ? 

    Is there a valid reason why they can't accommodate breaks and that you would be required to stand ? 

    I can understand the breaks as if they require additional work completing but you will require extra breaks the workload my not be completed.  As for standing I don't know as I don't know what work you are referring to could it be a health and safety risk having to be seated 

    Again acas are the best people to advise 
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