Unfair dismissal on the grounds of disability - help


#1

My role was put at risk and along with a colleague, we were told our two teams were merging, and there would only be a single "Head" role.

We've spent several meeting defining the future structure which is now finalised.

Out of the blue, the company told us this week that they also intend to search for a potential candidate externally, but the "final" job description of the role is, to all intents and purposes, my job (hence how can they say it is a redundancy situation?)! My peer has an alternative role on offer elsewhere in the company.

I told the HR Manager when I was diagnosed (October), and the CEO was also informed, I don't discuss my condition with anyone and (as a lot of us do) try to act as normally and able bodied as I can, I'm convinced most people don't have even an inkling of "the darkness that lies within".

I have no negative comments or feedback on any appraisals.

I now believe the main reason that they want me out is because of my condition, and feel that there must be laws to protect me from such blatant discrimination ... but have no idea how to get help.

 


#2

The main support in these situations is from your Union.

They will provide legal advice and represent you at meetings with HR.

If you do not belong to a union, I suggest you join one now.

Other sources of help could be the PDUK helpline or Citizens Advice.

Good luck!

GG


#3

 

As above for  seeking advice/help!!.

From what your saying and tell me if i'm wrong  it sounds like they've created a role/job too go around the rules of making someone redundant and then employing someone else in the same position/post/role/job?.


#4

Yes, sea angler, that sums it up.

Create a role (the job description of the "new" role is almost identical to my current role except the title) then make the existing role redundant so you can recruit and replace externally ... probably someone without Parkinson's disease.

I feel sure this is all because I have Parkinson's, something I have fought hard to ensure it has no impact on my job (I think if you asked people in my office, few if any would know)


#5

Hi Drewster . Have they offered you a job elsewhere in the company too like your colleague ? Have you got to apply for this 'head' role along with the external candidate ( or if this is the case technically reapply for your own job ! ) That happened to an old colleague of mine and needless to say she didn't get the job . I agree with what GG and sea angler say . I hope you've got some help with this . It sounds highly discriminative . I'm sorry you are going through this . You don't need this stress . However difficult try and fight it . We are all rooting for you x


#6

No offer elsewhere for me (but then he doesn't have Parkinson's) ... I'm probably a little angry (contender for understatement of the year) to look at this sufficiently objectively, but if they want to play dirty, well, I ultimately have nothing (more) to lose, so they can have both barrels.

Are there limits for unfair dismissal on the grounds of disability discrimination?


#7

Drewster - follow GG's advice: if you're not in a union, get yourself to your local Citizen's Advice asap.

semele


#8

hi drewtser,

the guys and girls are right no union join one now and dont forget the pm i sent you with lawers details.

he is a good one.

 

bb xx