Indirect Disability Discrimination

[Harmonica]

An employee has a history of depression. She suffers from bullying in the workplace which hugely exacerbates her depression and causes her to go off sick long term. The bullying was foreseeable as she raised concerns previously that it was likely to happen. Whilst she was off sick with depression her department underwent a restructure and her colleagues were given lots of training.

This training enabled her colleagues to successfully apply for promotion opportunities that she could not go for because she was not at work for that training. Because the bullying is what caused her to go off sick and this sickness is what caused her to miss these training and promotion opportunities, could she reasonably regard this as indirect discrimination?

[Tools]

Re: Indirect Disability Discrimination

If their employee had made the employer aware of the bullying then they have a duty of care to monitor and prevent this.

They should also have held a return to work interview to discuss the reasons for her absence and the causes of the depression under duty of care to the employee.

Has she discussed the issue of training with them and the prospects of future promotion, if that opportunity still exists or is likely to come around again.

[Harmonica]

Re: Indirect Disability Discrimination

They do not accept that she was bullied. She was falsely accused of doing and saying things that she did not say. The investigation into the accusations came to nothing because they were false. The false accusations came from a manager whom she previously warned would target her in this way and she suffered a breakdown as a result of these accusations, some of which were very distressing.

The employer is saying that because the investigation led to no evidence against her she was not bullied. But they are now saying that her depression has become unmanageable for them and that she should accept redeployment or face possible dismissal. She enjoys her job and doesn't want to be redeployed. Their mismanagement has exacerbated her disability and now they simply want her out.

[Tools]

Re: Indirect Disability Discrimination

Was there any motive to the false accusations and why did she predict that she would be targeted beforehand.

She cannot be dismissed simply because of her depression, I assume she has medical evidence to support it, i.e is her GP treating her condition. Were the employers aware of her depression when she took the position, you say that she has a history of depression.

[Harmonica]

Re: Indirect Disability Discrimination

Yes she informed her employer of her depression when she started. Not every manager knew about it but a good few of them did. Yes lots of medical evidence. There is no disputing that she suffers from long term depression and that it is a disability. Even the employers occupational health company have acknowledged that it is severe enough to amount to a disability under the Equalities Act 2010.

She challenged this particular manager previously for making racist remarks and he was nearly disciplined for it. She knew that he would hold a grudge and was just waiting for an opportunity to get some revenge. She warned the senior management but they did not appear to take her seriously until it was too late. They seemed to realise that the accusations he made against her were false and malicious but instead of admitting that they should have taken her concerns seriously she is now fighting for her job because in this company managers can never be seen to be in the wrong.

They seem to think that if they make a big enough fuss and exaggerate wildly about the impact her depression has had on them they can use it against her to have her removed from her job.

[teaboy2]

Re: Indirect Disability Discrimination

So the accusation made against her was false, yet they say as no evidence was found against her, regarding the accusation, she is not a victim of bullying?! That doesn't make sense! If an accusation was made and subsequently found to be false, then no evidence against her is actually evidence that she is being bullied.

How long ago was the false accusation made? Did she issue a formal grievance against the person making the false accusations?

[Harmonica]

Re: Indirect Disability Discrimination

She did take out a grievance but then they dropped the charges so they refused to investigate it. His accusations were false but they simply said that they could find no evidence to prove it. In their minds they were not necessarily false accusations. They were just unproven. He is a manager and as such cannot possibly be lying. The accusations were made just before Christmas.

[Tools]

Re: Indirect Disability Discrimination

Thank you Harmonica for clarifying by PM 1st the nature of the racist remarks made by the Manager .

For the thread, the Manager made general racists remarks, not about the employee and not about anyone specific. He was given Diversity Training as a result. To be fair I do agree with that decision, I know others may disagree.

What was the nature of the accusations made by the Manager against the employee?

[Harmonica]

Re: Indirect Disability Discrimination

That she made lewd remarks. If you knew her you'd know how ridiculous such an accusation was. It just could not have been true. Not only was it malicious to try to get her into trouble but the nature of the alleged remarks were clearly designed to shock and humiliate her.

[teaboy2]

Re: Indirect Disability Discrimination

That she made lewd remarks. If you knew her you'd know how ridiculous such an accusation was. It just could not have been true. Not only was it malicious to try to get her into trouble but the nature of the alleged remarks were clearly designed to shock and humiliate her.

So basically the manager made the false allegations against the employee, purely as a tit for tat response to the employee making a grievance against the manager about the racist remarks?

That may actually amount to harassment, and not just bullying.

[Harmonica]

Re: Indirect Disability Discrimination

She did not take out a grievance over the racist remarks. She simply challenged him on his racist remarks when he made them. Her grievance was against her manager for making accusations against her that were clearly malicious, unfounded and designed to humiliate. When she submitted the grievance they dropped the allegations citing that there was no case to answer. Then they said there was no point in investigating her grievance but she did not agree. She wanted the decision to take these accusations so seriously in the first place investigated when it was obvious that they were malicious but they did not investigate. However, this is all slightly off the point.

Her depression was caused by bullying in the workplace which resulted in her going sick long term. This long term sickness resulted in her missing out on training and promotion opportunities. Her employer has refused to engage her in conversation about allowing her to receive this training and perhaps promotion opportunities at a later date. Instead they are saying that her disability has become too difficult for them to manage and that she should accept some form of redeployment or face dismissal. If she is forced to accept redeployment against her will or if she is dismissed, can she reasonably regard herself as having being discriminated against? Not looking for advice or anything contractually binding, just opinion.

[wales01man]

Re: Indirect Disability Discrimination

I suffer from depression many things and situations make me a different person I can control the problem by doing something different or keeping away from what causes my depression.
If things are this bad at work time to think of a change before she is accused of something and is set up for a fall or dismissal .If the others in the workplace start to think she is the trouble life can get worse there sorry if this seems a hard attitude but no one can blame it all on someone Depression is an combination of of lots of things sometimes we have to remove ourselves from the problem.

[Harmonica]

Re: Indirect Disability Discrimination

Yes I hear you but she feels that things can be worked out.

I'm not so sure because there seems to be a cultural issue at play that requires a wholesale change in attitudes. She seems to feel that it i just this one manager that's the problem but it appears to be the companies inability to hold it's managers to account that is the real issue here. It's her life.

I do believe she has suffered from discrimination and that she has a good case if she gets dismissed or is forced into redeployment though.

[wales01man]

Re: Indirect Disability Discrimination

I sincerely hope it can be worked out problem is the others there we all know how hurtful others can be the Manager may well be the problem trouble is some are Teflon coated people management might count less than other aspects of their job .
I hope she comes through it all whether its staying in the job or going elsewhere only time will tel.