Is my manager discriminating against me because I was out on sick leave?

LegacyUser

My mother was tested for coronavirus on August 17th. She received her results on August 19th and was told that she had tested positive (she only got a test because she went abroad and they were testing every second person getting off the plane - she had no symptoms prior to being tested). I immediately called work and told them that I would not be returning to work until September 2nd, as my GP was requiring me to self isolate for 14 days (from August 19th).

Yesterday, my manager put up our roster. All other staff members had 20+ hours, whereas I only had 10. We are all on 6 hour contracts, bar the management. I rang her to ask why I was only getting 10 hours, whereas everyone else was getting 20+ hours (as they are only on 6 hour contracts like me). She told me that was how she was “doing the roster for this week” and that I was only getting 10 hours because I could only work Thursday-Sunday that week (as I am still on my cert until Wednesday). I said “but I’m only out until Wednesday, so I don’t see how that’s an excuse for my hours being so low”. She then responded by saying that she was taking “extra precautions” because my mother had tested positive for COVID (I tested negative myself and have been isolating since I called in sick) and that I had been out of work “all of last week”. I then questioned her on this, asking her why she was taking precautions since my doctor has said I’m fine to return to work on Thursday and that it wasn’t fair for her to use me being out the last two weeks, because I was required to self isolate for two weeks and go on the Illness Benefit. She had no real answer to this, and said that’s just how she was doing the roster this week, and I let the conversation end their because, at the end of the day, she only has to give me 6 hours, per my contract.

However, I was just want to know, has she discriminated against me / treated me unfavourably compared to others, based on the fact that I was out on sick leave due to my mother testing positive for the coronavirus? I don’t see how she sees herself fit to rule me out from working two days I am available (Thurs/Friday) just for her to take “extra precautions”, despite my doctor saying I am fit to return to work on Thursday, and also how she used the fact that I was out on sick leave to justify giving me less hours.

antix80

So everyone available for the full week got 20 hours.

You're available for half a week and got 10.

So unfair.

Also, your employer is free to do a risk assessment and require you to stay home even longer. The covid Pandemic Unemployment Payment may cover such an eventuality.

gauchesnell

anon_worker wrote: »

My mother was tested for coronavirus on August 17th. She received her results on August 19th and was told that she had tested positive (she only got a test because she went abroad and they were testing every second person getting off the plane - she had no symptoms prior to being tested). I immediately called work and told them that I would not be returning to work until September 2nd, as my GP was requiring me to self isolate for 14 days (from August 19th).

Yesterday, my manager put up our roster. All other staff members had 20+ hours, whereas I only had 10. We are all on 6 hour contracts, bar the management. I rang her to ask why I was only getting 10 hours, whereas everyone else was getting 20+ hours (as they are only on 6 hour contracts like me). She told me that was how she was “doing the roster for this week” and that I was only getting 10 hours because I could only work Thursday-Sunday that week (as I am still on my cert until Wednesday). I said “but I’m only out until Wednesday, so I don’t see how that’s an excuse for my hours being so low”. She then responded by saying that she was taking “extra precautions” because my mother had tested positive for COVID (I tested negative myself and have been isolating since I called in sick) and that I had been out of work “all of last week”. I then questioned her on this, asking her why she was taking precautions since my doctor has said I’m fine to return to work on Thursday and that it wasn’t fair for her to use me being out the last two weeks, because I was required to self isolate for two weeks and go on the Illness Benefit. She had no real answer to this, and said that’s just how she was doing the roster this week, and I let the conversation end their because, at the end of the day, she only has to give me 6 hours, per my contract.

However, I was just want to know, has she discriminated against me / treated me unfavourably compared to others, based on the fact that I was out on sick leave due to my mother testing positive for the coronavirus? I don’t see how she sees herself fit to rule me out from working two days I am available (Thurs/Friday) just for her to take “extra precautions”, despite my doctor saying I am fit to return to work on Thursday, and also how she used the fact that I was out on sick leave to justify giving me less hours.

Yeah none of what you have written makes sense. Simple answer not in the slightest are you being discriminated against.

_Brian

anon_worker wrote: »

My mother was tested for coronavirus on August 17th. She received her results on August 19th and was told that she had tested positive (she only got a test because she went abroad and they were testing every second person getting off the plane - she had no symptoms prior to being tested). I immediately called work and told them that I would not be returning to work until September 2nd, as my GP was requiring me to self isolate for 14 days (from August 19th).

Yesterday, my manager put up our roster. All other staff members had 20+ hours, whereas I only had 10. We are all on 6 hour contracts, bar the management. I rang her to ask why I was only getting 10 hours, whereas everyone else was getting 20+ hours (as they are only on 6 hour contracts like me). She told me that was how she was “doing the roster for this week” and that I was only getting 10 hours because I could only work Thursday-Sunday that week (as I am still on my cert until Wednesday). I said “but I’m only out until Wednesday, so I don’t see how that’s an excuse for my hours being so low”. She then responded by saying that she was taking “extra precautions” because my mother had tested positive for COVID (I tested negative myself and have been isolating since I called in sick) and that I had been out of work “all of last week”. I then questioned her on this, asking her why she was taking precautions since my doctor has said I’m fine to return to work on Thursday and that it wasn’t fair for her to use me being out the last two weeks, because I was required to self isolate for two weeks and go on the Illness Benefit. She had no real answer to this, and said that’s just how she was doing the roster this week, and I let the conversation end their because, at the end of the day, she only has to give me 6 hours, per my contract.

However, I was just want to know, has she discriminated against me / treated me unfavourably compared to others, based on the fact that I was out on sick leave due to my mother testing positive for the coronavirus? I don’t see how she sees herself fit to rule me out from working two days I am available (Thurs/Friday) just for her to take “extra precautions”, despite my doctor saying I am fit to return to work on Thursday, and also how she used the fact that I was out on sick leave to justify giving me less hours.

Just work away.
Nothing going on at all.

Mrs OBumble

Yes, s/he is.

But there is absolutely nothing wrong with this. It's not discrimination on the basis of any of the nine protected categories (age, gender, disability etc), so it's not illegal.

You got more than your contracted hours. If you don't like your contracted hours, find another job that suits you better.

jimmycrackcorm

Mrs OBumble wrote: »

Yes, s/he is.

But there is absolutely nothing wrong with this. It's not discrimination on the basis of any of the nine protected categories (age, gender, disability etc), so it's not illegal.

No. By your logic, If the op were out sick for 6 days of the week then they would have to work 20 out of 24 hours of the last day: because that is their contracted hours?

Peregrinus

antix80 wrote: »

So everyone available for the full week got 20 hours.

You're available for half a week and got 10./QUOTE]
This. You're getting hours proportionate to the part of the working week for which you are available. There's no discrimination here. You are, presumably, getting sickness benefit for the part of the week for which you are not available (but, even if you weren't, I think the employer's position would be defensible).

If you are also rostered for less-than-normal hours for the first full week that you're available, then you might have a cause for complaint.

Jim Root

Nope, no discrimination evident here.

Mrs OBumble

jimmycrackcorm wrote: »

No. By your logic, If the op were out sick for 6 days of the week then they would have to work 20 out of 24 hours of the last day: because that is their contracted hours?

Nope.

Their contracted hours is six, not 20.

Strumms

Quite simply, next time they ask you to do extra... “I’m sorry, I have other plans and commitments and therefore I’m unable to work extra hours at the minute”...

When they query why you are not ‘flexible’ you just tell them... “I’ve been consistent in my availability to work extra hours, this has been communicated to you on multiple occasions but I’ve been consistently overlooked in favor of others. I cannot simply keep a clear calendar and be sitting waiting for the phone to ring. If I can’t expect to be called upon , you can’t expect that I’m waiting and available, just when it suits you”.

Strumms

Strumms wrote: »

Quite simply, next time they ask you to do extra... “I’m sorry, I have other plans and commitments and therefore I’m unable to work extra hours at the minute”...

When they query why you are not ‘flexible’ you just tell them... “I’ve been consistent in my availability to work extra hours, this has been communicated to you on multiple occasions but I’ve been consistently overlooked in favor of others. I cannot simply keep a clear calendar and be sitting waiting for the phone to ring. If I can’t expect to be called upon , you can’t expect that I’m waiting and available, just when it suits you”.

And from then on the op gets only the 6 hrs they are contracted. Seems counterproductive if the op wants more hours.

Strumms

It does, but if they are not getting a fair offer of the extra hours, the extra hours are there just not being getting a call, the upshot is they find a job where the hours are given out fairly...

The OT offer rota is the fairest way.

OP, cutting your nose off to spite your own face is never wise.

If you want more then your six contracted hours a week, make sure your supervisor knows your willing and available for as many hours as they can give you.