Employment Law

[pinkbabytots]

My sister is registered as a disabled person. Last year she got made redundant. At the same time they advertised a position which would have been a promotion. However, they try their best to conceal the fact that they were adverising this position eg advertised it in the paper at a time they knew she was in hospital. When she found out about it she was denied an interview. They did say that they wanted someone to work longer hours, to be exact about 5 hours extra per week. Further, they did not inform her that the salary was a lot higher than the one she was currently recieving. What kind of discrimination is this, it is direct, disability related, failure to make ajustments..... Any advice would be greatly apprecated. Thanks

[Twenty20]

From what youve written I wouldnt necessarily say it was discrimination. With regard to disability, the employer is required to make reasonable adjustments. This wouldnt include promotion to a different job unless the person was capable. It could do, but it doesnt have to.

I'm not 100% clear from your post whether you think the company hasnt followed redundancy procedures, whether the person was passed over for promotion unfairly or whether the company failed to make reasonable adjustments for a disability. It does seem like youre lumping all three things together which may or may not be correct.

[bednobs]

i have to agree it dosent sound like any sort of discrimination to me. The job they advertised was different t the one your sister was in, it was longer hours and at a higher grade. that dosent automatially entitle her to the job . she could have applied. Knowing hr departments , i find it quite incredible they can even get an ad in the paper, let alone get it in on a date they "knew" your sister was in hospital. i dont see why being in hospital means you cant read papers either so it seems very tenous to me!

[pinkbabytots]

Thank you for your answers. Perhaps I should expand a little more.

The Company have already admitted that they did not follow correct procedures in making her redundant.

Also, yes, we feel that she has been passed over for redundancy unfairly and they could have made reasonable adjustments eg allow her to do the job but not increase the hours

I should also mention the job they have advertised is my sisters job.

What kind of discrimination is it?

Thank you for your help

[bednobs]

But you have already said it was not your sisters job
1) it is more hours
2)it is at a different grade, therefore you need different experience and qualifications. If it was your sisters job she would already be doing it. if my managers position became available and i did not have suitable experience to do it, i wouldnt expect it to be "my" job. My manager gets paid more money than me thererfore has a different job to me
Did she apply for it and was then not shortlisted? - if so its kind of tough luck. her application wasn't strong enough to secure an interview
is she in a union?

[rosiewesti]

Have you had a word with ACAS?
They are great, give the correct advice in confidence to Employers and Employees.
Their website is; www.acas.org.uk

[pinkbabytots]

Sorry bednobs, maybe what I have said is a bit misleading. When I say that it was my sisters job advertised, she is already a manger, and the reposibilites & duties of the job advertised was exactly the same as hers. So what I'm getting at is that they wanted her out because she could not do any more hours and they wern't prepared to compromise.

Hope it makes a bit more sense now.