Possible Disability Discrimination

[Eminster]

I work as a "temp" for a recuitment agency and was sent to an assignment for a local authority (council). The assignment was ongoing and hours were to be 8.30am-1pm Mon-Fri. On my first day, I worked the 4.5 hours and it was all possitive and my co-workers seemed quite happy with me and my work. I have MS and disclosed this to the assistant senior administrator in a positive fashion as I have mild symptoms and does not affect my work and this discussion took place between 12.00 and 12.30. I went home and received a phone call from the Agency later to say that my assignment had been terminated and the council had said that although I was a really nice person, that they felt that I would not cope with the work that they had lined up. No explanation was given as to the basis of this assumption - strange that this should happen after my disclosure. My question is, do I possibly have a case for disability discrimination with the council? Thank you and appreciate any responses received.

[REDHEAD24]

im not an expert - but i would suggest u contact ur citizens advice bureau , also are u going to get paid for this ?? make sure u do agencys can be difficult x

[Eminster]

Many thanks for your response. I spoke to the Agency today and they said that they would sort out the timesheet for those hours as I was not able to fill one in and get it signed. I am going to pop in to my local CAB tomorrow and see what they suggest - if they suggest a solicitor, then that will be my next move.

[REDHEAD24]

yes - good luck mate there are some real small minded people in this world sadly

[HomeBody]

Do you wish to continue working with the agency?

You presumably signed a contract with the agency - not the council. You need to take the issue up with them first.

By all means contact CAB. Just remember that what they say is only as good as the individual saying it. Independently verify everything you are told.

I recommend that you read the Department for Work and Pensions website www.dwp.gov.uk.

If you truly want to take matters further you will have to speak to a solicitor regardless.

[Reverandfunk]

The whole thing about agencies and why employers use them is so that they can basically get away with anything. You have no contract with the employer, you could read what you have signed with the agency but I bet theres something that covers them in the small print.

[Lucy Thomas]

'My question is, do I possibly have a case for disability discrimination with the council?

Or put another way.

'Do I have the chance to make a bit of easy money?'

[Eminster]

Thanks for your posts. On hindsight, I agree with what's been said and that the Agency should be approached about this matter first and I expect that there is something in the small print to absolve them. I have been working for this agency for some years now, well before I was diagnosed with my illness. I have not officially notified them of the illness as I have no legel obligation to do so, although I have mentioned it on a couple of occasions in conversation. I am also considering now not to work on this basis in future and try to get a permanent job (not through an agency).

[Reverandfunk]

I work for an agency and they do treat u like rubbish. Register with another couple and apply for jobs, thats what Im doing, I wouldnt even say you have MS if it doesnt affect your work

[Eminster]

Thanks - this is the first time that I have had a problem. I don't mention it to agencies in general because I feel that they probably wouldn't make the effort to get me work. Perhaps I am being harsh but realistic!

[Reverandfunk]

its just peoples ignorance

[Eminster]

I quite agree. It's a shame. Things are getting better, although be it very slowly as regards to disability awareness. Still a long way to go and it's at times like these that it feels such an uphill struggle. Won't give in though as there are employers out there who look far more positively to disability issues

[bednobs]

to be honest i cant see how this is disability discrimination. Surely if you work on an agency temporary basis for a company then they are perfectly at liberty to say they dont want you back the next day - thats the whole point in temping - it can be temporary on both sides,
If this is the case then if you couldnt fulfil your role one day because of illness then they would have no qualms about not having you back. I cant explain what i mean but i hope you get where im coming from

[Eminster]

Thanks for post - I do see where you are coming from and agencies' clients do have a right to cancel an assignment at any time and agreed this can be the case on both sides. My disability did not prevent me from doing the job assigned and I did everything that was asked of me on the day that I worked and I was expected, at the time that I finished that I would be coming in the next day. This will be a hard one to prove as no doubt that the Council will deny discrimination if put to them. The agencies concerned are not at any fault here