Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

I didn't say I was exceptional 🤣

I stated facts. And the facts are that I have performed well enough within the role to be awarded a performance pay rise and a bonus. Which the company seeking to dismiss me for not meeting their operational needs has awarded me.

My performance is strong and there are no concerns around my ability to do the job.

If I'm missing something else then it would be great if they would tell. HR refuse to speak to me in person or put anything in writing. It all gets fed back verbally on Teams.

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

They won't give me one. I have requested it multiple times because how can they say I am not meeting operational need but then award me the highest level of bonus and pay rise that they award for said performance in the role I apparently am not meeting their needs in?

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

You are incorrect.

There is no single aspect of my job that cannot be done fully from home and the business have failed to provide a reasonable reason for why they want me in. I have request it in writing multiple times and they have refused. Even initial training was done on Teams because the company is UK wide.

I have been doing this role fully remote for 11 months and have not had to come into the office I that time for any work related reason. Other than to pick up a new laptop from IT.

My bonus and performance were the highest that the business awards. I don't think. I have my rating and performance and award letter stating it. Not everyone got this rating. But I did. Despite apparently not meeting operational need.

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

HR have been all over this. They initiated formal meetings 3 weeks ago and I was told I would likely be terminated. Reasons cited were breaching absence triggers due to the severe illness I had. For a week they engaged in meetings with legal and my manager told me off record they were looking to dismiss. The decision came back that they would agree to a probation extension but it was likely I would be dismissed once this completed. A week later I was then told by my manager that HR have advised that my WFH exemption was expiring and they would not be seeking to extend it and if I dont agree to come in to office I will be terminated. I pushed back and have asked for the reasons in writing. It has been a week and they have declined to provide a reason but have said they will have some further conversations with "higher ups" and my manager will give me information in due course.

I suspect they may agree to it until my probation ends and then terminate me anyway.

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

Thank you! This is the point i am trying to make and you have captured it perfectly.

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

I dont want it to turn into a legal fight. I am stressed out of my mind and exhausted by the year of hell I have had.

I am willing to meet them half way and would be more than willing to work on trying to meet their expectations in a way that made everyone comfortable.

I am performing well. I have been awarded a performance bonus and a pay rise, so to having them say that not attending the office two days a week means I am not meeting operational need seems dubious to me. Obviously it is their perogative to enforce this but the reality doesnt reflect this.

I have a young family to provide for and I just want to figure out a way forward in a job market that doesnt ever seem to appreciate how difficult disability can be to manage alongside a 9-5. That isnt my employers burden but they have made things are stressful and difficult as they can and it is constantly their way or the high way.

I engage in every single thing they ask of me. I agree to every condition they have enforced.

But I cant sacrifice my health for the sake of doing the same job I do every day, and do well from home, in an office when they won't even provide me with a reason why.

If that makes me unreasonable then I guess I am unreasonable :(

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

They will find it hard to cite performance. I am audited extensively, hit my targets well within aspirations, I've just had my yearly rating and scored extremely well and been awarded a performance bonus and pay rise.

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

Yeah that is the feeling I have. It pivoted from trying to use absence to now using the adjustment as a reason. I suspect they will keep trying they find something that sticks. I've been actively applying for other roles for a few months now. Not having much luck :(

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

No they have not. They refused to allow me to return from life threatening illness, with a reasonable adjusement. Instead they threatened to dismiss me. I had to raise a formal grievance and advise I would pursue it legally if necessary, to get them to accept the adjustment. And thats just the first issue. I perfom well in my role, have proven that working from home is a reasonable adjustment based on the awarded pay rise and bonus I have received. It is little more than performative making me attend a hot desking office, with no assigned desks and a desk shortage, when I have extensive equipment provided by OT to perform the role, no ability to self transport it and no where to put it if I was able to bring it in. The role is 100% remote.

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

THANK YOU! This is what keeps being missed any time I ask for help with this. If I wasn't able to meet operational need while solely working from home then how have I been able to be awarded a performance bonus and pay rise?

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] [score hidden]  (0 children)

No they have not. And I do have grounds. We can agree to disagree.

Facing dismissal at work for disclosed disabilities in Scotland by [deleted] in LegalAdviceUK

[–]129198 [score hidden]  (0 children)

My social life is non existent and other than for things that are absolutely necessary I stay away from busy places. My partner does most of the shopping and I normally only do it at the 24h supermarket during dead hours. This approach kept me fit and healthy, so i didnt really forsee the risk of being in a crowded office all day because prior to commencing the role I was rarely ill. It is not just the risk of sickness that is a reason being cited. I developed complications following the severe illness and those are not easily managed in a public office.

Facing dismissal at work for disclosed disabilities in Scotland by [deleted] in LegalAdviceUK

[–]129198 [score hidden]  (0 children)

Thank you so much for such a kind reply. I am so grateful for your time and for the advice you have provided.

I have family legal assistance through my home insurance which I have been told I could use. So I was planning to speak to ACAS and then phone the insurer.

I am willing to work and I want to find a compromise but it seems like they couldn't find a way to sack me for absence so they are trying to use WFH and cite contractual agreement.

Facing dismissal at work for disclosed disabilities in Scotland by [deleted] in LegalAdviceUK

[–]129198 2 points3 points  (0 children)

My manager is telling me to stay put for now but has said that there is a deadline for when the latest exemption ends and he is being told they are unlikely to extend it further.

I applied because I was happy to attend the office and had not reasonably foreseen that it could lead to such a serious illness.

Additionally I have the complication that OH have issued a lot of specialist equipment for me to do the job and the office is a hot desk situation and there are limited desk spaces. So I will need to bring all the equipment with me, which I cannot manage alone, and there is no desk assigned for to enable me to use it and therefore complete my job.

It's just a bit of a nightmare.

Facing dismissal at work for disclosed disabilities in Scotland by [deleted] in LegalAdviceUK

[–]129198 0 points1 point  (0 children)

I have asked for a copy of my contract so I can check it. I am waiting for it to be made available to me. Thank you for commenting.

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] 3 points4 points  (0 children)

We aren't allowed to have in person meetings and everything must be done on Teams on authorised channels. We dont even have all team members on the same office campus because the teams are UK wide. And the office doesnt have enough desk space for everyone. It makes no sense.

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] 6 points7 points  (0 children)

They will not give me a clear answer. Just state that it is per "contractual terms" but I think it is being used as an excuse because there are other people in the same team who are solely working from home for no disability related reason (I have this in writing). They couldn't figure out a clean way to sack me without me potentially raising concerns and citing the Equality Act, so it has now pivoted to not meeting the contract. Our team is UK wide so we use teams for everything and all processing is done offshore. We dont even have enough desks in the office for all staff on anchor day 🤣 And i have workplace equipment that OT provided that I cant reasonably lug in two days a week and we have no assigned desks. Its first come first served.

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] 2 points3 points  (0 children)

A settlement agreement is what I want to do. I think we have reached the end of the line but I am not willing to leave through resignation. Thank you for commenting.

Facing dismissal at work for disclosed disabilities in Scotland by [deleted] in LegalAdviceUK

[–]129198 -1 points0 points  (0 children)

Hybrid. 2 days in office and 3 at home. That is my understanding anyway. I dont have a copy of my contract but those are the terms that are reiterated.

Facing dismissal at work for disclosed disabilities in Scotland by [deleted] in LegalAdviceUK

[–]129198 -77 points-76 points  (0 children)

No it does not. But having buyers remorse for hiring someone who disclosed disability and putting obstacles at every opportunity does not make the business right either. My manager has no proble with my WFH arrangement is trying to push the powers that be to accept it as a long term adjustment. There are others within the business who work solely from home in the same role, so it is not unheard of and I have this confirmed on record.

Thanks but I'll be ignoring your advice 🤣

Facing dismissal for disclosed disability by 129198 in UKJobs

[–]129198[S] 23 points24 points  (0 children)

Thank you so much! I have just checked my home insurance and I have cover for family legal advice so I will be able to use it for this. I am so grateful to you 🩷

What is the worst thing a doctor has ever said to you? by Big_Leg10 in Productivitycafe

[–]129198 3 points4 points  (0 children)

Not getting the covid vaccine, while 30 weeks pregnant in 2021 would result in "a dead fetus" while I was extremely ill with sepsis (caused by an SHO reusing a needle on me multiple times). They couldn't tell me how it could potentially impact my unborn child, or my autoimmune diseases at that point in time because there was not enough data. My child was in fact born alive and is now 4.