The Issue
Client was an agency worker. Her agency found her temporary work with a private company.
She had worked for the company for 9 months before she became ill. She had to have 2.5 weeks off work. At this stage the client was diagnosed with Multiple Sclerosis (MS).
Her employers told her that her job was safe and they agreed to a graduated return for 3 weeks building up to her going back to full time hours. After the first week of the graduated return the client was informed that the company were restructuring and that she would no longer have a role.
However, shortly after being let go the client saw an advert for her job. She had heard that the company had had a meeting over her disability and made the decision to let her go. This was based on their belief that she would not be able to do her job due to her MS.
EASS Advice and Support:
The EASS advised the client on possible direct discrimination and discrimination arising from disability. On the advice of the EASS the client appealed the decision to let her go.
Following the appeal the company HR Director and Managing Director concluded that they had discriminated against the client. To rectify the situation they re-instated the client and offered her a permanent position, which was an improvement to her situation as she was previously only employed as a contract worker.