I was refused more hours. Is this discrimination?

AndrewHall

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.?

janer1967

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

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".

janer1967

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