Performance was questioned because of childcare issues. Is it discrimination?
Redundancy due to disability. Is it unfair?
Temporary role and then redundancy. Is that reasonable?
Do I lose my remaining holiday entitlement if I go sick and can’t take it, or can I carry it over?
I would like your opinion if my dismissal was unfair or not
Can an employer demand repayment of a joining bonus they claim is a mistake?
Bullied into accepting additional duties. What can I do?
Terms and conditions are not the same as when I started - what can I do?
My representative can’t attend my disciplinary meeting. What are my options?
Should I be paid for training at home?
Performance was questioned because of childcare issues. Is it discrimination?
Q. I have just had my annual performance review at work, my employer has marked me as not meeting standards for my behaviour, they have said this is because I cannot commit to extra overtime as I have childcare issues.
Can my employer really discriminate me for having a family and not doing extra overtime? I already do some overtime once a month being on call for them.
A. Employers should not discriminate against employees based on their family or caring responsibilities. The Equality Act 2010 prohibits discrimination on various grounds, including sex, and parental status (as part of sex discrimination). If you are being treated unfairly because of your childcare responsibilities, this could potentially amount to indirect sex discrimination.
Indirect sex discrimination occurs when a provision, criterion, or practice is applied to everyone, but it disadvantages a particular group, and the person concerned is put at a disadvantage as well. In your case, if your employer's requirement for extra overtime disproportionately affects women (as they are more likely to have primary childcare responsibilities), this could be considered indirect discrimination.
However, indirect discrimination can be justified if the employer can show that it is a proportionate means of achieving a legitimate aim. In other words, the employer must prove that the practice is necessary for a good reason and that there is no less discriminatory alternative.
In the UK, employees also have the right to request flexible working arrangements, such as changes to their working hours or patterns, after they have been with their employer for 26 weeks. Employers must consider such requests reasonably and can only refuse them on specific grounds outlined in the legislation.
Given your situation, you may want to consider discussing your concerns with your employer by way of a formal grievance, emphasising that you are already contributing overtime once a month and that your inability to commit to additional overtime is due to your family responsibilities.
You should also check your employment contract. Are you contractually obliged to accept additional overtime? If not, any detrimental treatment may be a breach of contract, in addition to being discriminatory. Marking you down on your performance review is clearly a detriment to you.
Redundancy due to disability. Is it unfair?
Q. I have a disability, a rare genetic disorder. I have had this disability since birth, there is no cure for this and can occasionally affect my day-to-day life, and work life. I was working for company, but made redundant. I enclosed all the information about my disability in my application form when I first applied. I have had 4 days off in total, 2 times were due to my disability which I can not control.
Keep reading with a 7-day free trial
Subscribe to Tim The Business Doctor to keep reading this post and get 7 days of free access to the full post archives.