Employment Discrimination

I have had Asthma all my life and have to say that I am lucky that in general I have it under good control.

However I do suffer from chest infections and upper respiratory infections which require me to be absent from work as I find them very debilitating.

My employer has had three OHSAS reports that indicate that they can expect me to have periods where my conditions will flare up (i am also diabetic) and that I will have a higher number of absences than a healthy person. They also say that I would be covered by the DDA.

My employer has told me the following: They are not bound to accept the findings of OHSAS! They can see no link between chest infections and upper respiratory infections and my underlying conditions of Asthma and Diabetes. They have put me on 'stage B' of there attendance management policy and 'stage C' will lead to dismissal.

I know under the DDA they are supposed to make reasonable adjustments to accommodate my disabilities. Also they are not supposed to hold absences relating to my disabilities against me. However they continue to do neither of these things and seem hell bent on sacking me.

I have even written to my own MP asking what the government is doing to encourage employers to retain the services of people like me who wish to work but is facing dismissal for being partially incapacitated. You won’t be surprised to know that my letter has been greeted with total silence!

Can anyone offer any help or advice regarding this situation? The government has made it pretty clear that they want people like me who has incapacities in the work place and not claiming benefits. But my employer is making it pretty clear they don't want me there!

Gary

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Hi Gary

That seems so cruel. If you google Russell JOnes and Walker you will find the website of a group of solicitors who are very experienced in DDA cases. They have a free screening service, where they can tell you if you would be likely to have a DDA case.

After the screening, if they advise you further, there willbe costs involved, but the screening could be enough to show your employers that you could (if it works out that way) take them to a tribunal.

Good luck.

Kathyx

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Hi Gary,

Sorry to hear that you are having these problems, it sounds like you have tried to do all the right things. Your employers are legally obliged to comply with the DDA if your condition qualifies, but you may have to take legal action to force them to comply with this.

Sorry not to suggest anything more useful, it's a difficult situation. The Citizens' Advice Bureau is a good place to start for basic legal advice.

Good luck,

Em H