Discussion
I need a bit of HR advice.
A mate of mine started a new job recently, and he’s having a bit of a hard time fitting in, I’m wondering if it’s a HR legal type issue, or if it’s just something he needs to deal with.
He has a bit of a facial disfigurement, and some of his new workmates are picking on him and calling him names and stuff.
They recently had a staff outing where there were some activities, and my mate felt like they were excluding him.
Anyhow, there’s big job coming in the next couple of weeks and my mate has been asked to lead the project, but he’s still getting a hard time.
Do you think he should speak to HR, should he back out of the project, or should he just go ahead and lead it and see if it makes all the others think better of him?
A mate of mine started a new job recently, and he’s having a bit of a hard time fitting in, I’m wondering if it’s a HR legal type issue, or if it’s just something he needs to deal with.
He has a bit of a facial disfigurement, and some of his new workmates are picking on him and calling him names and stuff.
They recently had a staff outing where there were some activities, and my mate felt like they were excluding him.
Anyhow, there’s big job coming in the next couple of weeks and my mate has been asked to lead the project, but he’s still getting a hard time.
Do you think he should speak to HR, should he back out of the project, or should he just go ahead and lead it and see if it makes all the others think better of him?
Don't assume all HR departments are interested in Disability discrimination issues, my wife had to fight tooth and nail with her place for basic things that they are still arguing the toss with her over! We are seeking legal advice!
However in your friends case he needs to make a fuss but privately and start writing things down as they will no doubt want these details. There maybe a reason they dont like him not relating to his facial issues. I also would have thought he might be a little more thick skinned about it, my wife is, people make fun but she has thick skin and a sharp tongue it soons stops when they realise she will give better than she gets!
If I were him I would crack on with the project and kick some ass!
However in your friends case he needs to make a fuss but privately and start writing things down as they will no doubt want these details. There maybe a reason they dont like him not relating to his facial issues. I also would have thought he might be a little more thick skinned about it, my wife is, people make fun but she has thick skin and a sharp tongue it soons stops when they realise she will give better than she gets!
If I were him I would crack on with the project and kick some ass!
A disability must substantially impair the ability to perform daily activities, so a disfigurement would be unlikely to count as a disability. The Elephant Man was disabled, but a person with a facial scar probably is not. Having said that, an employer has an implied contractual duty to protect every employee from bullying, even if the bullying is not based on a legally protected characteristic. The employer should raise his concerns with his manager, and could raise a grievance if the manager does not resolve the problem.
Edited by anonymous-user on Friday 20th December 11:30
There's probably a very good reason the boss has asked him to take the lead on this job, and if that is the case he should get stuck in. These office politics things can be very fickle, and if he does rise to the occasion and gain the boss's favour then I'm sure the others will start to love him, and this whole thing will be history.
However, there may be subtleties that aren't coming across here, and ultimately he's best placed to judge the appropriate course, so I suggest he follows his nose on this matter. Is there a way he can turn this disability to his advantage?
However, there may be subtleties that aren't coming across here, and ultimately he's best placed to judge the appropriate course, so I suggest he follows his nose on this matter. Is there a way he can turn this disability to his advantage?
It sounds like perhaps your friend has underlying confidence issues that he may be blaming on his disfigurement whether or not that is the case.
I suggest if he has been chosen to lead the upcoming project, he uses it to show what he can do. Use it to show people why he has been chosen to lead and make sure he is assertive and confident. People will generally back away from someone who shows these qualities.
I suggest if he has been chosen to lead the upcoming project, he uses it to show what he can do. Use it to show people why he has been chosen to lead and make sure he is assertive and confident. People will generally back away from someone who shows these qualities.
Snowboy said:
Well, he spoke to the boss, but by all accounts the boss is just a bit of a fat git who just laughed about it and seems more interested in Christmas right now than in helping his employees.
Thanks for the advice though.
Is your friend one of those people that like to call people names (as in fat git) but can't take it (as in ugly git)? It might explain a lot.Thanks for the advice though.
EliseNick said:
There's probably a very good reason the boss has asked him to take the lead on this job, and if that is the case he should get stuck in. These office politics things can be very fickle, and if he does rise to the occasion and gain the boss's favour then I'm sure the others will start to love him, and this whole thing will be history.
This, and try to retain a sense of humour.Unless the actions of other are debilitating, crack on and get the job done.
Breadvan72 said:
A disability must substantially impair the ability to perform daily activities, so a disfigurement would be unlikely to count as a disability. The Elephant Man was disabled, but a person with a facial scar probably is not. Having said that, an employer has an implied contractual duty to protect every employee from bullying, even if the bullying is not based on a legally protected characteristic. The employer should raise his concerns with his manager, and could raise a grievance if the manager does not resolve the problem.
Since 2010 the Equality Act has covered severe disfigurement and is thus a disability within the meaning of the Act. I imagine the difficulty is in degree, that said facial disfigurements probably rank fairly high on the scale.Edited by Breadvan72 on Friday 20th December 11:30
A severe disfigurement "is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities." Sch 1 Part 1, para 3. EA 2010 (Also DDA 1995 - it's not new)
Guidance
“Examples of disfigurements include scars, birth marks, limb or postural deformation or diseases of the skin. Assessing severity will be mainly a matter of the degree of the disfigurement. However, it may be necessary to take account of where the feature in question is (eg on the back as opposed to the face)”
A facial scar should not be discounted although OP refers to facial disfigurement.
Guidance
“Examples of disfigurements include scars, birth marks, limb or postural deformation or diseases of the skin. Assessing severity will be mainly a matter of the degree of the disfigurement. However, it may be necessary to take account of where the feature in question is (eg on the back as opposed to the face)”
A facial scar should not be discounted although OP refers to facial disfigurement.
Edited by Zeeky on Friday 20th December 23:23
Zeeky said:
A severe disfigurement "is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities." Sch 1 Part 1, para 3. EA 2010 (Also DDA 1995 - it's not new)
Guidance
“Examples of disfigurements include scars, birth marks, limb or postural deformation or diseases of the skin. Assessing severity will be mainly a matter of the degree of the disfigurement. However, it may be necessary to take account of where the feature in question is (eg on the back as opposed to the face)”
A facial scar should not be discounted although OP refers to facial disfigurement.
I didn't know that the 1995 Act covered disfigurements.Guidance
“Examples of disfigurements include scars, birth marks, limb or postural deformation or diseases of the skin. Assessing severity will be mainly a matter of the degree of the disfigurement. However, it may be necessary to take account of where the feature in question is (eg on the back as opposed to the face)”
A facial scar should not be discounted although OP refers to facial disfigurement.
Edited by Zeeky on Friday 20th December 23:23
My mate just finished his project last night.
He did a great job, and as hoped his workmates were very impressed and have now started respecting and liking him.
So, it's Merry Christmas from my mate Rudolph, and Merry Christmas from me.
(PS. If you do reread the thread, take note of EliseNicks answers. There's a man who spotted the joke, and made it better.)
He did a great job, and as hoped his workmates were very impressed and have now started respecting and liking him.
So, it's Merry Christmas from my mate Rudolph, and Merry Christmas from me.
(PS. If you do reread the thread, take note of EliseNicks answers. There's a man who spotted the joke, and made it better.)
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