# Think I'm being discriminated against at work



## McStuffins (29 May 2014)

Hi all,

I have been in full time employment for 5 years with the same company. 2 years ago I was diagnosed with a long term progressive illness.
At the time of diagnosis I missed about 6 weeks of work for illness and tests, scans etc. 

It was all certified and I went back to work with no issues. I've been back fulltime since and have missed a couple of weeks here and there for treatment and appointments with the occasional illness - again all this is certified and appointment cards provided etc. We are not paid long term sick leave. 5 days paid and the rest unpaid.

I recently decided that a change of pace was in order and applied for part time, stating some of my symptoms were the reason. This wasn't a request for accomodating me or my illness. It was a request for part time which would mean a new contract, set hours etc. The same part time options that anyone else in the company can apply for and many are on. If I wanted to go back full time I would have to wait for a full time position to come available.

So, supervisor approved my request. But HR is insisting I go to the company doctor for a medical. I am seeing a specialist and my condition isn't something that a regular GP handles (it's neurological).

Personally I feel that HR are bang out of order. Nobody else who requests part time is made to do a medical. New employees aren't made to do a medical. The only reference I can find to seeing a company doctor is when someone is out long term and they are looking to clarify when they will come back.
This shouldn't need clarity in my case as I am going part time. Not out sick. 

I just need to clarify if I can be forced to attend the company GP? 

Thanks


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## LS400 (29 May 2014)

I wonder are HR concerned there is a an other mecidal reason why you want shorter working hours and hence, just covering themselves. A full medical would normally cost a right few bob if you were to get one privately, so why not take advantage of it..


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## Leo (29 May 2014)

You stated medical reasons on your application, so unfortunately you introduced the health issues into the process. As such, the company/HR now have a responsibility to assess and ensure you are capable of performing the role without any risk to your health in accordance with the Safety, Health and Welfare at Work Acts


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## McStuffins (29 May 2014)

Leo said:


> You stated medical reasons on your application, so unfortunately you introduced the health issues into the process. As such, the company/HR now have a responsibility to assess and ensure you are capable of performing the role without any risk to your health in accordance with the Safety, Health and Welfare at Work Acts




Would a letter from my consultant not suffice though? A GP can't assess my situation as it's neurological and the symptoms I have are not really visible. The GP can really only go on what I actually tell them. If I tell then I can only work 10 hours a week they have no way of saying otherwise. Similarly if I say I can work 30 or 40 or 50. There really is no "test" or "assessment" that can be done to determine if I can or can't work other than my own opinion to be honest. 

Even my neurologist has advised that it's up to me and how I feel as to what way I continue to work.


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## Time (29 May 2014)

Let the company waste it's money then.


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## McStuffins (29 May 2014)

LS400 said:


> I wonder are HR concerned there is a an other mecidal reason why you want shorter working hours and hence, just covering themselves. A full medical would normally cost a right few bob if you were to get one privately, so why not take advantage of it..



Because I spend enough time to-ing and fro-ing from hospitals to doctors to clinics as it is if I'm honest. I've only just had a neurological appointment, full neuro exam and lengthy assessment. It's a waste of time and it's not just costing the company. They've picked a place an hour from where we are so I have travel costs plus I've no sick days left so I'll be losing income.

I am also reluctant to be singled out and treated differently from co-workers. I suppose I feel that this sets the trend. If I do this then when will they decide I have to go again? Six months, a month, a year? I could go for a medical today and be completely disabled tomorrow. I feel that the company need to handle this is a better way than forcing me to a doctor whenever they want to be honest. 

This is incurable and I'll be living with it for the rest of my working life.


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## McStuffins (29 May 2014)

Also to add, if I do go to this particular assessment, what is a reasonable time frame for them to make me go again? 

I'd understand being sent if I was out sick for a while or asked for my situation to be assessed, but without that, what kind of frequency can I expect to be requested to go?


Also, I didn't broach this reduction in hours as a reasonable accomodation for my disability, specifically to avoid all this stuff. I simply requested a new contract with part time hours. 

If I'm going to be made attend doctors and be assessed like this, then would I be better off asking for the reduction of hours as a reasonable accomodation so that I can choose to come back full time in the future (as opposed to taking a part time contract and not being able to return full time unless a position comes up?)

Thanks


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## Leper (29 May 2014)

McStuffins said:


> Hi all,
> 
> I have been in full time employment for 5 years with the same company. 2 years ago I was diagnosed with a long term progressive illness.
> At the time of diagnosis I missed about 6 weeks of work for illness and tests, scans etc.
> ...



1. Your HR are not bang out of order.  You requested reduction of working hours because of your illness.  You brought up this matter (of illness), not them - Sorry I'm just restating what you have already said.

2. Your company obviously has a policy of employing people who are fit to carry the full range of duties and for full hours as against part-time as the needs arise.  The company can legitimately require this term. 

3. Have no doubt you can be forced to attend the company doctor while you are employed.  But, you can ask the doctor not to inform the company regarding certain aspects of your illness.  There is a "patient confidentiality" situation here also, do not forget! Also, if you are required to supply a report from your own medical consultant you can insist that this is to be given to the company doctor only. This is called a Doctor-to-Doctor Report. 

Leo pointed out earlier that you informed your company.  I know the gate was left open, but next time out you will be a little wiser.  Sorry for not supplying the answer you want.


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## Sue Ellen (29 May 2014)

If it were me I would ask for advice from www.employmentrights.ie possibly by e-mail.


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## LS400 (29 May 2014)

McStuffins, I really do sympathise with you but heres how i see it, Your there only 5 years, you have been off sick through no fault of yours or importantly, theirs on a number of occasions, and the company seem to accomadate your situation. Now you say you decided you want to change the playing field to suit your terms, I dont mean to be hard, but come on now. I dont know how big the organisation is, but it must be a fair size to have a HR dept, that doesnt mean it can or did cover your absence without any problems occuring. It get my back up when people start running for employment rights book when it would appear they are only trying to protect the company. 
To have an option to change your working schedule is a benefit most employees would love, and so few can do. Remember, its you who is dictating change, not them. Your just biting off your nose.... Its not personal im sure.
Hope all goes well for you.


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## Setanta12 (29 May 2014)

I can understand the employer's insurer insisting employees presenting with medical-needs being assessed independently ......


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## McStuffins (29 May 2014)

I'm not dictating change though per se. I mean I requested part time as is my right as an employee. It's in our terms that we can request it and a number of our team and other teams do work part time.  My superior approved it. Not because of my medical condition but because there was a part time position available.  Had one of my colleagues asked first they'd have been given it and I'd have been refused. 

I mentioned my illness in a general way in that i felt working part time would allow me to reduce stress and allow me to have a better work life balance.  As my symptoms are stress aggravated I said that I felt reducing my hours would reduce my risk of relapse.

I just feel that as I'm not looking for special treatment or for something that isn't available to everyone in the company,  I am being singled out.

Nobody else who went part time was required to have a medical.  

I'm aware that they have to cover themselves but the reason I applied for part time as opposed to asking them to make reasonable accommodation was to avoid yet more doctors and hospitals and tests.

I've spoken to hr and agreed to go but said that as they have now turned it into an occupational therapy issue and a reasonable accommodation issue,  I withdraw my application for part time. 

Essentially all this means is that if I become well enough to get back to work full time I can request another medical and increase my hours again once I'm deemed fit. As opposed to having to wait for a position to arise.

She said it will cause staffing issues.  I figure that was their own choice.


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## ang1170 (31 May 2014)

Have you asked why they want the medical? If not, I suggest you do, and see what they say.


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## Leo (3 Jun 2014)

McStuffins said:


> Would a letter from my consultant not suffice though? A GP can't assess my situation as it's neurological and the symptoms I have are not really visible.



Your company's insurance company will only accept this from their appointed doctor, and you really have nothing to fear here. The company doctor is not going to make any judgements they are not qualified to, and they are very unlikely to be qualified to give a neurological opinion.


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## Latrade (3 Jun 2014)

McStuffins said:


> I'm not dictating change though per se. I mean I requested part time as is my right as an employee. It's in our terms that we can request it and a number of our team and other teams do work part time. My superior approved it. Not because of my medical condition but because there was a part time position available. Had one of my colleagues asked first they'd have been given it and I'd have been refused.
> 
> I mentioned my illness in a general way in that i felt working part time would allow me to reduce stress and allow me to have a better work life balance. As my symptoms are stress aggravated I said that I felt reducing my hours would reduce my risk of relapse.
> 
> ...


 
I think Leo gave the most concise answer. As you say above, you were asking for the change, but you mentioned it was health related. I would presume that other colleagues may have requested due to family circumstances or other.

Your employer isn't doubting your medical assessment, but as with any change in job which has some link to health, they are within their rights to get a second opinion. Their concern is probably more to ascertain that the part time capacity won't have any adverse effect on you before they agree to your request.

However, as you have removed your application, this is moot, but you should be aware of the body of case law that has developed on psychological issues and work, with particular reference to such issues as reasonable accomodation. Cases such as Berber V Dunnes that are influenced by the UK Hatton cases. 

The point of this being that your employer was acting reasonably in the circumstances and that the issue of reasonable accomodation is not as clear cut with psychological illness as it is with physical illness.


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## RainyDay (11 Jun 2014)

LS400 said:


> I wonder are HR concerned there is a an other mecidal reason why you want shorter working hours and hence, just covering themselves. A full medical would normally cost a right few bob if you were to get one privately, so why not take advantage of it..




This is NOT good advice. This is not a 'free medical'. A free medical is at your doctor and you (and only you) get the report.



Kildavin said:


> I can understand the employer's insurer insisting employees presenting with medical-needs being assessed independently ......


Unless I missed something, there is no mention of the employer's insurer in this case?




McStuffins said:


> Because I spend enough time to-ing and fro-ing from hospitals to doctors to clinics as it is if I'm honest. I've only just had a neurological appointment, full neuro exam and lengthy assessment. It's a waste of time and it's not just costing the company. They've picked a place an hour from where we are so I have travel costs plus I've no sick days left so I'll be losing income.
> 
> I am also reluctant to be singled out and treated differently from co-workers. I suppose I feel that this sets the trend. If I do this then when will they decide I have to go again? Six months, a month, a year? I could go for a medical today and be completely disabled tomorrow. I feel that the company need to handle this is a better way than forcing me to a doctor whenever they want to be honest.


You make a good point about being 'singled out'. There is a question about how your employer validates other part-time requests. If somebody requests part-time for caring for children, do they have to produce the child, or the birth cert? If somebody requests part-time to care for a parent, do they have to produce a medical for the parent?

If not, then why are they sending you for a medical?

Unfortunately, it is very difficult to resolve issues like this. If you are a union member, it might be good to involve your union. Or you might just flag up this question to your HR dept about fair treatment compared to other employees looking for part time.


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## McStuffins (15 Jul 2014)

Just to update, I ended up having it out with HR and explained why I felt that I was being singled out etc and that I wasn't at all happy with it. 

HR reassured me that it was in everyones best interests lah lah lah. So I went, under duress I will admit. It was as I had anticipated (although I will say I felt it was very invasive - height, weight, asking about STDs, urine test, what meds I am on etc). 

I then saw the doctor who just basically asked me how I was feeling and why I felt reducing my hours would help. He did a quick exam and that was that. He said he'd write a report saying he agreed with me.

So the report basically said I was in good health, able to perform my task but due to my disability, I should only work a max of x hours. 

As a result my request for a part time contract was altered to a reasonable accomodation for my disability which I feel is unnecessary but whatever. 

I still feel put out by it and that it was made into something that it wasn't. But it's done now and I've made my feelings on it clear. I'll wait and see when or how often I'm expected to have one which will be the next issue.


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## RainyDay (15 Jul 2014)

That's not a bad outcome from the doc. Have the approved the request for part-time now? If so, that's not a bad outcome overall. I wouldn't worry too much about the 'reasonable accommodation' thing. This should be kept confidential, and shouldn't have any stigma attached.


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## McStuffins (15 Jul 2014)

It's been approved and started. 
It already has caused some issues in that I haven't been able to partake in overtime during a busy period when I was able to and I won't be able to partake in training soon as it's a full two days without then having to adjust my hours during the week to make sure I am staying under the hours approved by the doctor. That is causing me issues with childcare (paying for the additional hours but also still having to pay for the usual hours which I won't be actually using because I'll be off)

So it's a pain and I feel like I'm letting my co-workers down by not being allowed to pull my weight. Obviously if I physically felt unable to do the overtime I wouldn't, nor would I be expected but this disability is changeable and there are good days and bad days etc. so there are times I would be able to help out but am now prohibited from doing so.


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## Slim (15 Jul 2014)

McStuffins said:


> As a result my request for a part time contract was altered to a reasonable accomodation for my disability which I feel is unnecessary but whatever.


 
I think this is key to your current situation. I think it ties you into the work hrs as approved by the doctor. Can you get this changed?


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## McStuffins (17 Jul 2014)

Slim said:


> I think this is key to your current situation. I think it ties you into the work hrs as approved by the doctor. Can you get this changed?




I very much doubt it. This was the initial basis of my problem. I just wanted normal, straightforward part time. But because I mentioned my illness they turned it into a reasonable accomodation request. 

This means I can't do overtime, can't apply for other full time jobs that come up etc (which is every single new position) so essentially I am going to end up pidgeon holed in my current position with no real room for choosing to come back full time or promotion unless I get clearance by a doctor first.


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## RainyDay (17 Jul 2014)

It might definitely be worth challenging the overtime thing in the meantime, maybe with support from your own doc. 

The full-time thing will be trickier all right.


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