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  |  Experts  |  Workplace Rights - Rachel Lewis  |  Disciplined for being deaf!
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Disciplined for being deaf!


question
I have been working for my company for 16 years. Over the past two years I have noticed how bad my loss of hearing has been getting. If, for example, people approach me on my right side, I sometimes do not hear them speak to me. I have had one operation, and am back to the consultant for further medical assistance. I have been late a few times in the past as if I do sleep on the wrong side I really cannot hear my alarm - although as time has gone on I have got better with two alarms and a phone call each morning.

A couple of months ago I was 45 minutes late and it was pointed out by my line manager that if I am late once again (even though they had been writing to my doctor to clarify my hearing problem) I will be disciplined. A month later, I was 45 minutes late again but rang to advise my manager to say I was running late. She has now set the discipline procedure in place.

I feel that this is harsh as I am still undergoing treatment and it feels as if my manager cannot wait till I'm late again - are there any legal terms I can hit back with at the meeting?
absatwork

answer

It sounds as though you may have no option but to go through the procedure, but make sure you (a) take a colleague or union rep with you and (b) get them to make full notes (and get a copy of the company's notes). If the decision goes against you, I'd definitely appeal it.

I think the distinction you need to get across is obviously the fact that you are not late because you don't care, but because there is a genuine issue with your hearing - which you have taken big steps to address. One thing you might check with your doctor or specialist is whether your hearing condition is likely to constitute a 'disability' under the Disability Discrimination Act. If so, then that's worth mentioning to your employer too.

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