Indirect discrimination?

I've recently been having a few issues at work where I am now wondering if it amounts to indirect discrimination.

I disclosed my diagnosis to health workers during my health assessment and HR, first aiders and necessary senior management are aware of my diagnosis.

Recently I have been suffering with numerous shutdowns and have had to have a couple of days of sick as a result.  My boss told me that he would prefer me to work from home when I am not feel well rather than coming in, making myself ill and then going off sick.  This has meant  work from home approx. once every two weeks.  A Occupational Therapist was brought in who specialises in ASD and she did a sensory profile and made some recommendations.  HR said the report was complicated and nothing else came of it.

There was one day where my boss text me as he didn't know I was working from home and since then he has confronted me to say he isn't happy me working from home and the company doesn't have a work from home policy - this is rubbish as other senior staff work from home when it suits them.  Also a senior HR member of staff said that it is down to me to manage my time and there is no policy as such, I just need to make sure I get my work done.  That seems to have all changed now.  In addition I was asked to disclose my diagnosis to colleagues which I refused.  I have now been told it looks like I am getting special treatment and eventually people will turn on me.  Apparently people are already talking and I have been told I need to disclose my diagnosis to colleagues by tomorrow at the latest or else my boss will be annoyed - not sure what the consequences will be, if any.

Is it me or is this unreasonable? I work hard and do my best to manage shutdowns etc. but work seems to think I can take a pill and it all goes a way so I am choosing not to resolve the issue.  I don't know what to do now as I don't want a confrontation tomorrow.

Parents
  • It is a shame that the recommendations in the OT report were not implemented. I wonder if 'complicated' means they were difficult to understand or seen as impractical or expensive to implement? When I have been able to work from home in previous jobs some kind of risk assessment has been done. No one actually visited my home but I completed a form confirming that the working environment and computer work station did not present any significant problems. Presumably this was so that my employer could not be held accountable for any harm that was caused to me. Gradually the privilege of working from home got withdrawn in my previous jobs, this was for everyone not just for me. Sadly some people abused it whereas I always got more work done.

    To avoid a confrontation perhaps you could suggest bringing in Access to Work to help achieve a workable solution. They may be able to come up with some new suggestions. Helping people to retain employment is one of their priorities. The decision about disclosing your diagnosis to colleagues should be yours alone. Insisting that you do so in order to avoid colleagues turning on you is really inappropriate in my opinion. This is something you should only have to do if and when you feel comfortable with it. 

    The problems seem to stem from the shut downs you experience. If you didn't have to go sick then working from home would not be necessary. It is difficult to know whether or not your employer is being reasonable - it depends on what the OT recommendations were. Again, this is something Access to Work could assist with. If you are in a Trade Union they will be able to advise and support you. If not you could contact ACAS who can help to resolve situations at work where there is conflict. It would be difficult to find another job, and similar problems might arise, so it is worth exploring ways of making things work for you and for your employer. Good luck today, hope it goes well. 

  • I certainly want to avoid confrontation and misunderstandings, but my experience of these sorts of situations is that they don't end well.

    I want to speak to HR for advice but they are also the PA to my boss and I don't trust anyone in my company to treat information confidential. Certain details have already been spread despite being told in confidence. So call me cautious but I trust no one.

    Some of the OT recommendations could be deemed as unreasonable, but most were acceptable in my opinion.

    I have also recently gone over my 6 months probationary, but no one has spoken to me or given any feedback since I have started on whether things are going well or not. I still don't know if I am on probationary or not.

  • Sorry to hear how tricky things are. The fact that no one has mentioned your probationary status shows things are not being managed properly. i remember a former colleague being told that her 6 month probatonary period  was going to be extended when she had already completed 8 months in her new role. The employer had to back down eventually because this should have been addressed at the time, not retrospectively. 

    I would record everything you can and keep any notes you make at home, not at work. Getting some independent advice from ACAS or a similar organisation might be a good idea too, so you know exactly where you stand. A lot depends on the employer being willing to make adjustments. Many employers totally disregard employment law and their own equality policies. 

    Don't let this undermine your confidence - employers like this are very poor at the mechanics and human aspects of managing people. 

Reply
  • Sorry to hear how tricky things are. The fact that no one has mentioned your probationary status shows things are not being managed properly. i remember a former colleague being told that her 6 month probatonary period  was going to be extended when she had already completed 8 months in her new role. The employer had to back down eventually because this should have been addressed at the time, not retrospectively. 

    I would record everything you can and keep any notes you make at home, not at work. Getting some independent advice from ACAS or a similar organisation might be a good idea too, so you know exactly where you stand. A lot depends on the employer being willing to make adjustments. Many employers totally disregard employment law and their own equality policies. 

    Don't let this undermine your confidence - employers like this are very poor at the mechanics and human aspects of managing people. 

Children
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