Disability Discrimination?

[Mattaf]

Hello,

I'm posting this because I wanted to share this story with you all, and see what you all think about it.

Just over a month ago, I went to an interview for a job in a coffee shop. At the interview, I volunteered the information that I was disabled, and started to explain some of the difficulties that I suffer from. The lady who was interviewing me reassured me this would not be a problem. I was successful at the interview, and was offered the job.

I didn't really meet my manager until my first shift. I was working part time, only a couple of days a week, so I wasn't there very long. During my time a the store, I was never asked what adjustments could be made to help me with my difficulties caused by my dyspraxia. My manager refused to train me properly, and was generally quite short with me. He treated me very differently from the other employees, but I thought nothing of it - I assumed it was because he knew them better. I only got suspicious that he didn't actually like me when two more people were employed at the same store. My manager treated these two very differently to the way he treated me - he was quite happy to offer them training, and generally made himself approachable to them. Meanwhile, the only time he spoke to me was to tell me I was doing something wrong.

This week, I went in for my review to see if my contract was to be renewed. I was suspicious that my manager had bought in the two other people to replace me because I couldn't work the hours he wanted, so I went in with the thought that I was going to leave the building without a job. I was only half right - I did leave the building without a job, but for a very different reason. My manager bought up several "issues" which he claimed made me unfit to do the job, and indeed, a health and saftey risk. These included:

1) The fact I do not cope with stress very well
2) That I "ran, skipped and rushed", even when it wasn't busy, despite being told several times a shift not to
3) That I was unwilling to listen to instructions
4) The other members of staff found me unapproachable, and were worried that I would "bite their heads off".

I was increadibly upset by all of this - not just because of the issues he was bringing to my attention, but the way in which he was doing it. My manager never bought these issues to my attention before, and I was particularly surprised to learn that staff members found me "unapproachable" - they had always given me the impression I was very much the opposite.

In actual fact, all of these issues are directly linked to difficulties I suffer due to dyspraxia. For example, I am NOT unwilling to listen to instructions - my short term memory is rubbish, so I will listen to instructions, and immediately forget them.

I explained to my manager that these issues were all, in actual fact, linked to my disability, but that if he was willing to extend my contract and give me a fair ammount of time and training, I could prove to him I was more than capable of doing the job. He went on to tell me that he wasn't extending my contract because, and I quote...

It would be a far more efficient use of my time, rather than to keep telling you and telling you and telling you, to actually do your job myself, and still have time to carry out my managerial duties.

In other words "I can't be bothered to waste my time on you - get lost".

When I pointed out to him that my issues were linked to my disability, he argued I had not bought this to his attention. I told him I found it difficult to talk about my weaknesses, but that had he approached me and asked, I would have been more than willing to explain what difficulties dyspraxia causes me. He told me that because of the Disability Discrimination Act, he wasn't allowed to ask.

So my question is this - do you think that I have reason to feel that my manager has actually breached the Disability Discrimination Act through the way he has treated me? I'd really appreciate your thoughts on this.

Cheers

[gherkin001]

He hasnt breached the DDA in terms of that you should have made him aware of your difficulties. On the other hand if you informed him that you have dyspraxia, he should have taken it on his own back to look into dyspraxia so it is possible.

I'd advise you to go to the Citizens Advice Bureau for more advice as Im not sure on where the law stands with you having not told him of the difficulties that you have.

Kirsty

[sheppeyescapee]

I was in basically the same situation as you only a few months ago when I was working at Cafe Nero I never made it through my probation period there, luckily for me I was starting uni a few weeks later anyway.

[robyn]

heya, sorry to hear about your work probs

I dont know the specifics about the dda, so couldnt comment there,

but your manager should have came to you about these problems before hand, and is negligent under the circumstances. You would have then had the chance to explain that these are in relation to dyspraxia and to have steps put in place to rectify these, for example a note pad to write down instructions so you wouldnt forget them etc.

I also think that your manager is out of order in critising your running around, I have adhd as well as dyspraxia and do everything at a hundred miles an hr (which is very often a plus point within work as I am allways so willing to work). I dont see how he could claim that this is a health and safety risk without concreete evidence of this fact, for example you tripping up lots or spilling things very regualrly, and he would have to proove you do this far more tahn can be coped with as this is an evievitabel part of working in a coofee shop, regardless of which staff does it. As for the comment that other members of staff found you unnapproachable I really feel he would have to qualify this point for it to be valid. Staff often dont like each other, but that doesnt mean they dont get on just fine within the workplace and there just as much chance that them finding you unapproachable had more to do with them than you. Also he may just have had one person say this, and be generalising, which is unfair.

As for not coping with stress well he has a point, pr atleast he would have if you had been there any real length of time. I dont do well with stress of anything 'new', once Im used to a job it is difficult to cope with others who are adversely affected by stress, but again this is a problem that can affect any newer employee and initially you should be allowed an adjustment period that takes into account your dyspraxia.

I think it would have been appropriate of you to ask for better training, but your manager should have made proper training availible for you, as he should for anyone.

If the dda is not applicable here you may want to consider writing to your managers superior and stating your case, and ask for a response.

best of luck

[Mattaf]

Thanks for all your responses - I've written a letter of complaint to my ex-manager's superior at the company he works for, briefly outlining what took place during my employment, and I'm awaiting a response. I'll let you all know what happens.

[gherkin001]

Yeah, keep us posted, it'll be interesting to see what comes of this.

Kirsty

[robyn]

good for you

[Lady Fluff]

keeping my fingers crossed for you that something positive comes out of this. Good luck!!!

[tompete123]

Your manager is bang out of order in way he's treated you. Goood luck with your appeal to his manager keep us posted of outcome

Tom

[conor]

sometimes its not always good to mention you have a disorder,i always mentioned it months later,so the bosses or workmates would be left thinking,ah right thats why(realising its why your slow or tense).as we have a disorder that people dont get(im told to stop blaming my disorder,or to forget about it,which i reply,its not in my toe,its in my brain,so i cant just do that),we will get alienated at times in our lifes,sometimes by us or by other people,so we need to have support tru out our lifes,from family or our gf/bf/wife/husband.

[gherkin001]

I get that exact same reaction from having Epilepsy conor, apparently thats all me playing on it, as if i want to look a total plank in public!!

Kirsty

[conor]

we are only human,so everyone tends to sometimes milk it and not realise it,looking for sympathy n stuff.well when im explaining my life,cause its not the best in my eyes,it looks like im lookin for sympathy,you def cant pretent to have epilepsy.

[gherkin001]

Exactly, I'd find it impossible to do 2 hours straight excersise so where anyone gets the idea that I can pretend seizure for 2 + hours at a time i dont know, its purely ridiculous.

Kirsty