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Equality Act 2010 - Cancer Patient - Employers Were Discriminate?
Hello, looking for help/ advice (obviously) - would be much appreciated. Would love to know if a complaint can be made via ACAS
Started with my previous employers in 2011. Was diagnosed with cancer in 2016 - went on long term sick leave and returned in 2018 on a phased return/ part time basis. At the end of 2018 and had moved to a new team within the Operations Dept that I was in. (Applied for a new role). Early-mid 2019 went back to full time working hours.*
As part of the desk move in March I submitted a work station/ desk self assessment form and provided information regarding general health noting side effects still experiencing from cancer treatments and on-going post chemo treatment. Also mentioning inadequate gangway space, room temp too hot, noise distractions from the warehouse, furniture provided not in a good state of repair, footrest not provided and desk space too small for all of my work equipment. = NO AMENDMENTS MADE/ OR FEEDBACK PROVIDED
In June 2019 I submitted and was granted flexible working, subject to an interview 1ST with HR. Half an hour lunch break, starting work at 8:30am instead of 8am. Even though in the written request I'd noted this was to be able to upkeep my rehabilitation for/from cancer treatment to be able to swim/ exercise before work. = SHOULD ON THE GROUNDS OF REQUESTING REASONABLE ADJUSTMENTS FOR CANCER TREATMENT THE WRITTEN REQUEST SHOULD'VE SUFFICED ALONE? I found the interview extremely stressful, for half an hour less I was asked questions such as 'What impact will this have to the business?' 'What impact will this have to your team?' Were they being discriminate not granting the request from the form submitted?
In April 2019 I and my Manager was the subject of a disciplinary hearing on the grounds of gross misconduct. Due to mis communications in an email trail between myself and another dept, it resulted in the wrong information being handed to an external contractor and an electrical near miss happened. I was given a final written warning, I appealed this and it was upheld in Sept 2019. No Christmas bonus was issued to me that year as a result.
In October 2019 I was signed off by my Dr for work related stress
On returning to work my Dr provided a fit for work note with the request that I work from home one day a week and wrote a letter for the company/ HR explaining that I'm a cancer patient (still) and have on-going health issues/ rehabilitation is still on-going and basically to bear with me and made a recommendation for Occupational Health. Submitted a new flexible working request and again was subjected to an interview with HR*
The amendments were not put in place, was not provided with a laptop and never did work the one day from home. I was left waiting for the changes to take place, then went on annual leave for December and in the new year HR or my manager never followed anything back up. In the new year it as decided to move all teams out of the warehouse and into the main building this was ONLY due to the fact that an employee complained about the constant stream of delivery drivers and made an accusation of being harassed my one.
The same issue with the working from home, it wasn't granted but when the Government announced the Lockdown an laptop was provided for me to work from home in March. Due to ANOTHER pending disciplinary case against me from HR which started before the lockdown. It was again for an electrical near-miss, this time was due to a new employee using my log in on the internal system. After a fact finding interview with HR it was decided that they were going to press ahead with a disciplinary. I already had a live final written warning and the letter they gave me reminded me that it was still outstanding and should I be found 'guilty' then I COULD be dismissed after being sanctioned with another warning. I found this all really stressful so I resigned. I left them on the 7th April 2020.*
So just wondering if there's anything I can take forward?
Thanks! Robin*
Started with my previous employers in 2011. Was diagnosed with cancer in 2016 - went on long term sick leave and returned in 2018 on a phased return/ part time basis. At the end of 2018 and had moved to a new team within the Operations Dept that I was in. (Applied for a new role). Early-mid 2019 went back to full time working hours.*
As part of the desk move in March I submitted a work station/ desk self assessment form and provided information regarding general health noting side effects still experiencing from cancer treatments and on-going post chemo treatment. Also mentioning inadequate gangway space, room temp too hot, noise distractions from the warehouse, furniture provided not in a good state of repair, footrest not provided and desk space too small for all of my work equipment. = NO AMENDMENTS MADE/ OR FEEDBACK PROVIDED
In June 2019 I submitted and was granted flexible working, subject to an interview 1ST with HR. Half an hour lunch break, starting work at 8:30am instead of 8am. Even though in the written request I'd noted this was to be able to upkeep my rehabilitation for/from cancer treatment to be able to swim/ exercise before work. = SHOULD ON THE GROUNDS OF REQUESTING REASONABLE ADJUSTMENTS FOR CANCER TREATMENT THE WRITTEN REQUEST SHOULD'VE SUFFICED ALONE? I found the interview extremely stressful, for half an hour less I was asked questions such as 'What impact will this have to the business?' 'What impact will this have to your team?' Were they being discriminate not granting the request from the form submitted?
In April 2019 I and my Manager was the subject of a disciplinary hearing on the grounds of gross misconduct. Due to mis communications in an email trail between myself and another dept, it resulted in the wrong information being handed to an external contractor and an electrical near miss happened. I was given a final written warning, I appealed this and it was upheld in Sept 2019. No Christmas bonus was issued to me that year as a result.
In October 2019 I was signed off by my Dr for work related stress
On returning to work my Dr provided a fit for work note with the request that I work from home one day a week and wrote a letter for the company/ HR explaining that I'm a cancer patient (still) and have on-going health issues/ rehabilitation is still on-going and basically to bear with me and made a recommendation for Occupational Health. Submitted a new flexible working request and again was subjected to an interview with HR*
The amendments were not put in place, was not provided with a laptop and never did work the one day from home. I was left waiting for the changes to take place, then went on annual leave for December and in the new year HR or my manager never followed anything back up. In the new year it as decided to move all teams out of the warehouse and into the main building this was ONLY due to the fact that an employee complained about the constant stream of delivery drivers and made an accusation of being harassed my one.
The same issue with the working from home, it wasn't granted but when the Government announced the Lockdown an laptop was provided for me to work from home in March. Due to ANOTHER pending disciplinary case against me from HR which started before the lockdown. It was again for an electrical near-miss, this time was due to a new employee using my log in on the internal system. After a fact finding interview with HR it was decided that they were going to press ahead with a disciplinary. I already had a live final written warning and the letter they gave me reminded me that it was still outstanding and should I be found 'guilty' then I COULD be dismissed after being sanctioned with another warning. I found this all really stressful so I resigned. I left them on the 7th April 2020.*
So just wondering if there's anything I can take forward?
Thanks! Robin*
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