Sickness due to disability discrimination

[Jen111]

Hoping that someone could help answer this.

I work in the civil service. Being bullied and harassed by my manager due to being neurodivergent. As a result I had to go off sick as became suicidal. I've been off about a month and a half.

This has triggered the absence thing and I had a formal attendance meeting. As a result of which I have been issued with a written warning about my attendance. Management is aware of the bullying as I've done mediation and expressly told them it's because of the discrimination and harassment at work that I've had the sickness absence. Asked for a change of line manager but they won't do it even though it's possible.

Can the absence be classed as disability related? I have mental health issues due to being neurodivergent and have been bullied by managers before.

Is the written warning...... discrimination? as the manager who is my manager's manager refuses to accept that I've been harassed and discriminated against.

Any advice or info would be much appreciated.

[Benny8902]

Hoping that someone could help answer this.

I work in the civil service. Being bullied and harassed by my manager due to being neurodivergent. As a result I had to go off sick as became suicidal. I've been off about a month and a half.

This has triggered the absence thing and I had a formal attendance meeting. As a result of which I have been issued with a written warning about my attendance. Management is aware of the bullying as I've done mediation and expressly told them it's because of the discrimination and harassment at work that I've had the sickness absence. Asked for a change of line manager but they won't do it even though it's possible.

Can the absence be classed as disability related? I have mental health issues due to being neurodivergent and have been bullied by managers before.

Is the written warning...... discrimination? as the manager who is my manager's manager refuses to accept that I've been harassed and discriminated against.

Any advice or info would be much appreciated.

Hi, doesnt sound right. ULA is the expert so can provide more information.

Though, have you read through your absence policy? Whats the specific wording of trigger points?

Did you provise your employer with a MED3 (Fit note) from a GP?

Have you spoken with HR at all.

Seems a bit wrong to provide someone with a written warning when in all instances the first thing they should do is arrange an OH report.

[Jen111]

So yes I have provided fit notes and it says on there about it being stress from work. One liners.

I have definitely hit the trigger points.

I'm supposed to be back tomorrow but quite anxious as I've been made the target and not receiving any support.

Have written up a timeline of events with regards to the discrimination and harassment which was submitted to consider as part of the reason for sickness. It has been mainly disregarded, which I knew would happen, as I was constantly gaslighted by manager's manager that she can't see the discrimination or harassment in anything I've described.

I will submit a formal grievance. Just wanted to know if being given this written warning for attendance as it's happened due to discrimination is classed as indirect discrimination??

Or should it be discounted as it's part of my disability?

[Jen111]

Can't actually speak directly to HR as these things are supposed to be done via management.....it's civil service *♀️

The OH report has been asked for but it will apparently take a while and it's to assess what further reasonable adjustments I would need to do the job. I've basically only asked to change my line manager which I've been told is literally something they can do in 15 minutes. Seemingly some humans love distressing other humans.....power play.

[ULA]

It seems from your post that there are two things going on here so I will address each separately.

If you are being bullied and harassed at work and you believe that this is due to you being neurodivergent then you need to considering raising this as a grievance. If you have access to the Grievance Procedure then you need to raise this in accordance with that process. The timeline of events which I presume has dates (maybe times) details of any witnesses and what the incident was which you have already prepared would be a useful starting point for raising that grievance.

The second point relates to your sickness absence which has not reached a trigger point for disciplinary action and whether this is discrimination as your absence from work has been caused by bullying and harassment at work. Does you absence management policy which I assume sets out the trigger point situation allow for an appeal? If so have you appealed or are you considering doing so?

[Jen111]

ULA yes I plan to formally raise the grievance. I have been told it will take months to resolve so doesn't do much for the now situation of not being able to interact with my manager and do work.

The absence policy does allow for an appeal which I'm trying to get information on what goes in an appeal. I feel like the appeal won't work.....going by what management has done to me so far.

But I will still do the process. I feel like they are trying to force me out by not providing me with a safe work space.

An OH referral has been asked for but they have made this decision (written warning on my file) without it.

I have put in a SAR to see if my manager has done anything behind my back that I can use. I'm considering taking it to ACAS. But would be good to know if this written warning and how management has dealt with the situation would be considered disability discrimination.

If discrimination is the cause of going sick but that is how my disability (neurodivergent and mh) works would putting in a written warning for absence be considered disability discrimination?

[ULA]

It sounds like you are doing all the right things, raising the grievance, appealing the written warning, OH referral and submitting a SAR.

Potentially the written warning could be deemed as you being treated unfavourably because of disability-related sickness absence. I do know of a case DL Insurance Services Ltd v O’Connor which went to the Employment Appeal Tribunal on a similar issue and which both Tribunals found in favour of the claimant.

[Jen111]

ULA thanks for your help.

I just wasn't sure about whether it would be counted as disability related sickness as I was bullied which caused the sickness leave though I have been diagnosed with depression and anxiety along with being neurodivergent. Sometimes these cases are so hard to apply to your own as the circumstances differ.

[ULA]

Each situation does differ, although the principles around discrimination are the same, it is how they are applied to the individual circumstances.

[Jen111]

So, adding this on here as suggested ULA

Victimisation due to bringing up a grievance
I've submitted informal grievances and gone through mediation unsuccessfully.

I've been transferred temporarily to a new line manager who is close friends with my previous line manager (grievance against this person).

Management has been very difficult and gaslighting me about my experience with discrimination in the organisation.

I've started to notice that I'm receiving weird emails from the temporary line manager which basically implies that my performance is not up to standards. Feel like they trying to build a foundation based on capability to fire me. To me, it feels like management has told this line manager to do this to me but maybe they're doing it of their own accord.

There were comments (in March) on a SAR that basically said that they wanted to fire me based on performance but couldn't as I hadn't actually started the training. Started the training end of Feb.

Is there anything I can do to stop this victimisation??? Any things to safeguard my sanity? I can see what's coming but I don't know how to preempt this issue. HELP!!!!

[Retromau5]

Do you feel that you will be dismissed?

[Jen111]

Retromau5 Yes...

[Retromau5]

Then I'd raise a formal grievance as soon as possible.

[Benny8902]

So, adding this on here as suggested ULA

Victimisation due to bringing up a grievance
I've submitted informal grievances and gone through mediation unsuccessfully.

I've been transferred temporarily to a new line manager who is close friends with my previous line manager (grievance against this person).

Management has been very difficult and gaslighting me about my experience with discrimination in the organisation.

I've started to notice that I'm receiving weird emails from the temporary line manager which basically implies that my performance is not up to standards. Feel like they trying to build a foundation based on capability to fire me. To me, it feels like management has told this line manager to do this to me but maybe they're doing it of their own accord.

There were comments (in March) on a SAR that basically said that they wanted to fire me based on performance but couldn't as I hadn't actually started the training. Started the training end of Feb.

Is there anything I can do to stop this victimisation??? Any things to safeguard my sanity? I can see what's coming but I don't know how to preempt this issue. HELP!!!!

And to stop the trick which is capability, use specific wording - "The discrimination, harassment, bullying, harassment is having/has had a detrimental impact on my day-to-day activities."

Also I would use the specific wording on the EqA 2010, for each point you want to make, dont waffle or bring emotion as much as you want. Just straight to the point, simple bulletpoints, with margins as it might be necessary to exhibit the grievances at ET.

[ULA]

Jen111 thank you for posting back on this thread.

So far you have only raised informal grievances and had mediation and other than being moved to a new line manager, the way you have been treated has not changed, you should now raise a formal grievance.

This needs to be set out by way of examples of the bullying, victimisation and discrimination that you are being impacted by, you need to be able to provide dates, examples and if that includes anything in writing, then add it as appendices to the grievance, detail who the person was and if there were any witnesses. You also need to provide a statement on the impact this is having on your health and well being at work for which they as your employer have a duty of care towards you.