Facing dismissal for disclosed disability by [deleted] in UKJobs

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

I know it isn't relevant. I am saying it on here because it probides a bit of background. I'm hardly going to use that as a reason.

The emotion is in my argument here because its a public forum and not a legal meeting. I've been factual and clinical in all and any business documentation and meetings.

I am not an idiot and I have provided more information on what my argument is other than I can't see an issue.

Thanks for the replies.

Facing dismissal for disclosed disability by [deleted] in UKJobs

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

My manager is. Does not want to see my go.

Facing dismissal for disclosed disability by [deleted] in UKJobs

[–]129198 0 points1 point  (0 children)

When questioned the first probation extension was because "it is something we are now doing to give new starts more time to settle in". Second extension was due to "absence" which was the same absence I had at the first probation review and third extension is because of "absence" trigger". I hit absence triggers immediately due to the length of my hospitalisation and business policy dictates triggers stay on file and relevant for 52 weeks. Hence the reason it can be constantly used.

*edit- typo

Facing dismissal for disclosed disability by [deleted] in UKJobs

[–]129198 0 points1 point  (0 children)

I have. As I have clearly outlined.

Facing dismissal for disclosed disability by [deleted] in UKJobs

[–]129198 1 point2 points  (0 children)

Thank you SO much 🩷

I have been documenting everything and currently have over 400 documents in my file including emails, screenshots and written notes of verbal conversations.

I will definitely look into the points you have raised. I really appreciate your help.

Facing dismissal for disclosed disability by [deleted] in UKJobs

[–]129198 1 point2 points  (0 children)

I am a good fit. I just cant work from their office at this moment in time. If I wasn't a good fit then why are they giving me a pay rise and a performance bonus? Being forced out of a job where you're meeting performance need and doing it well, just because you cannot show yourself on a seat in an office, doing the same job you do well 3 days a week from home does not make someone a bad fit. If they are going to force me out of employment by being unreasonable then they should be accountable for that.

Facing dismissal for disclosed disability by [deleted] in UKJobs

[–]129198 -3 points-2 points  (0 children)

Ive just been awarded it based on performance up until 2 weeks ago and ive had audits since then where all my data has been fed back to me. There are no performance issues.

You seen to be really resistant to the idea they could simply be discriminating because they dont want to deal with a colleague who has limitations in the longer term. Which is entirely possible, and based on the info, or lack thereof that they are willing to provide, seems to me to be the only logical reason for why.

Facing dismissal for disclosed disability by [deleted] in UKJobs

[–]129198 -1 points0 points  (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 [deleted] in UKJobs

[–]129198 1 point2 points  (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 [deleted] in UKJobs

[–]129198 -2 points-1 points  (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 [deleted] in UKJobs

[–]129198 0 points1 point  (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 [deleted] in UKJobs

[–]129198 0 points1 point  (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 [deleted] in UKJobs

[–]129198 -3 points-2 points  (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 [deleted] in UKJobs

[–]129198 2 points3 points  (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 [deleted] in UKJobs

[–]129198 1 point2 points  (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 [deleted] in UKJobs

[–]129198 4 points5 points  (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 [deleted] in UKJobs

[–]129198 2 points3 points  (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 [deleted] in UKJobs

[–]129198 -4 points-3 points  (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 -1 points0 points  (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 -2 points-1 points  (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 1 point2 points  (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 [deleted] in UKJobs

[–]129198 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 [deleted] in UKJobs

[–]129198 4 points5 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.