one of my managers at work has openly admited to me that i will not be able to become a supervisor or manager despite having my name put forward by 2 of my supervisors for an open position due to MS. As i am very aware this is disabilaty discrimination and is illegal and leaves my employer open for legal action from myself. I have 5 wittnes’s that herd the convosation aswell. I was just wondering if any one else had any experiance in a symlar situation and knows what i should do to take things further.
You totally need to get on to that. In Australia you would receive a very hefty balance in your account for such blatent refusal of promotion due to disability. Ring Disability Laywers. It is free service. xx
Contact DIAL http://www.dialuk.info/ who will come around your house. Or Benefits and work http://www.benefitsandwork.co.uk/ who give excellent advice costs £19.40 per year. The DLS give excellent free advice http://www.dls.org.uk/advice/factsheet/factsheets_download.html it is essential you get help.
Probably the best in this situation is the EHRC http://www.equalityhumanrights.com/ or ACAS http://www.acas.org.uk/index.aspx?articleid=1461 who; if they agree; which is obvious illegal totally against the EA will take your employers to tribunal.
If you are in a Union they should be your first port of call.
This is awful! I am glad you are not going to take it lying down.
Good Luck, you deserve it.
take care,
Ellen
Good luck from me too.
It will be a difficult and rocky road, but stand your ground. You know you are in the right.
I hope your supporters will remain there for you.
luv Pollx
I would collect more evidence via your mobile phone. Ask officially why you would be turned down and tape the conversation, pointing out it is illegal to bypass you due to your disability. You need to know if its your ability to do the job or disability which is stopping you. Either way theyre obliged to make life easier for you supplying aids and adaptations to enable you to do the job which takes away some of the disability issues, thus equal footing. If that is not available then it is true discrimination. Dont forget, get more evidence and the case is 100% proved besides witnesses.
Good luck,
bren
x
i have managed to get the manager in question to talk about the subject again and this time i had my phone in my poket recording so i actuly have a confession on a didgital device wich if you ask me is hard infliable evidence that they are discriminating me on the grounds of my dissabilaty as he stated that is the reason they will not premote me.
Eek, I’ve a feeling that recording like that is illegal and you could find yourself sued and in really serious trouble if you’re found out!
I could be wrong, but think you’d be best keeping it to yourself and:
-
transcribing it so that you can show it to your advisers as being a true and accurate transcript of your meeting with your manager (though they may insist that you provide a copy to your manager for confirmation that it is true and accurate) and
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possibly letting your advisers hear the recording in camera, subject to their confirmation that they will not reveal the existence of your recording to anyone.
Good luck with whatever you decide to do though. It sounds as though your manager could be trying to be helpful(?!) but that’s a pretty outrageous stance to take. If he’d commented on some aspect of your performance that you could correct, that might be different, but to attribute negative promotion prospects to MS is disgraceful imo.
Lolli xx
A quick google suggests that it’s not illegal to record a conversation but it would be illegal to provide it to a third party without the consent of all those on the recording.
Your manager may withhold consent on the grounds that it was intended to be an informal, private conversation and was not a true reflection of the corporate view. That’s what I’d try to argue, if I were your manager
Lolli xx
A recording is NOT ‘infallible evidence’; recordings are rarely used in a Law Court as it is easily turned by the defence sighting it was entrapping the defendant; be very careful get professional advice
Hi, this sounds like discrimination to me, you can’t not promote someone who is disabled, female, has children or whatever. However, I suspect that this happens all the time. So how do you proceed? Is there anything about your ms that means you couldn’t do the job, I mean does it include eg having to climb ladders and you can barely walk, then I can see that this might be a reason to say that you couldn’t do it because of your ms. You say that your manager says that you can’t do the supervisor job due to your ms, but your name has been put forward. Is it the manager who says you can’t do the job because of your ms who will make a decision on who gets the job? Why not go ahead and apply anyway and see what the outcome is. If you we’re rejected then you would have a good case for taking this further as descrimination Also do you think you are capable of doing the job? Is it possible that your ms does limit you from dong the job and your boss is trying to tell you that (even if he hasn’t done so in the best way). I’m also not sure about using your recording, I think this sounds like something that might backfire on you tbh. I’m also not sure about using the five witnesses either, I mean will they all want to back up your account of this conversation when it comes to it, especially if it puts them in an awkward situation with their bosses or if they fear for their jobs or promotion because of it , i feel they might be inclined to “forget” what they witnessed tbh. So, for now, I think you need to persue this with your manager, or even better, with the two supervisors who put your name forward as to why you could or could not do this job and if you feel you really have been discriminated against then take if forward via the proper channels, (I don’t know hat these are btw). Good luck with it. Cheryl:-)
only got one thing to say after reading what you said…sue his inconsiderate discriminating A S S, thats the last thing anyone needs is to hear sorry, i know you can do the job very well but you can’t have it because you have a disability, i hate little people like that
Hi
Citizens Advice Bueau would be another place to go to for advice. (And on the little debate about recording the conversation, the recording probably is fallible evidence, as unless you made a video recording as well, there’s no proof that it was your manager that’s in the recording).
Good luck with the case though.
Dan
There is another thought on the recorded discussion.
You have now come under the purview of the Information Commissioners Office.
You might, as has been suggested above, let your advisors hear it. You might want to send a copy to your company (HR Manager perhaps), and you might want to keep a copy on CD for yourself - but store this in a very safe place, so that you can demonstrate that it is secure. Then delete the original.
Me? Well I would be keeping two copies separately. And as soon as I had made them, I would hit Mr Google for an overview of the law on keeping digital records.
Geoff
thanks for the help people i was already planning on contacting CAB in york to see what their thoughts were. But i have no intensions of taking this laid down. Watch this space james
Not as an individual acting as an individual s/he doesn’t.
Boblatina
Not as an individual acting as an individual s/he doesn’t.
Boblatina
you have pm
Not quite.
It is not illegal to record a conversation (and that includes telephone calls) that YOU are a party to.
You do not have to get the consent of the other person or persons involved in that conversation either.
You start getting into problems if you record other people’s conversations and/or you are using them for commercial gain.
And using something in the course of litigation does not amount to using it for commercial gain.
Organisations (businesses/charities etc) will give you a warning about calls being recorded etc because of the legislation that applies to organisations not individuals.
Boblatina
Crumbs, thanks for that info. So the tables could turn and a manager could be recording conversations with employees and then use them to prove something?
I’m guessing there’s probably something dealing with the etiquette of recording conversations in most employment contracts / terms & conditions of employment / staff handbooks, else workplaces would be awfully quiet!
Lolli xx