I have been in a fixed term contract for 9 months, however was advised in various emails and other documents (including approval by the board of trustees) that I would be seconded for an addition 6 months to another role. I never received formal notification just various emails about what I would be doing in the next 6 months and the approval was granted and documented by several of the board members to do this. (surely this is an implied contract)
Unfortunately I have MS and had to be hospitalised at the very end of my fixed term contract for a hip operation, since this has happened the company have terminated the contract based on budgets and claimed they are cutting costs so I will not be considered for the new role. However they are paying other staff overtime to do aspects of the role I was due to do. I also requested home working whilst I was recovering from the hip operation (something that was very easily done with my role) which they did not arrange. Although various members of staff (including the CEO) did throughout the time I was recovering email and text me regularly with work queries and was aware that I was replying to the emails etc. (They only paid SSP as they claim I was "Unit for work" which my doctor was forced to put on the form as they would not discuss home working options and I could not drive nor walk. He is happy to confirm that I could easily have worked at home had the arrangements of been forthcoming) I actually requested this before I even took time off and was signed off.
As I believe I had an implied continuation of my contract/employment based on numerous emails and board approval and had the operation done in order to be fit for my new role, I feel that now claiming they have budget restraints and are not filling this 6 months role (although paying others to do some of it) clearly shows a discrimination based on my disability. I am aware that it began with a 9 months contract, but fully believe that once I had to take some time off that they have renaged on their implied confirmation that I had continued employment. My disability was known to them from the start of the contract and I had no time off or differential treatment until the final couple of weeks and could easily have completed most, if not all of my role from home.
Many thanks for any advise in this area, I would just like to confirm that I have grounds with ACAS to take them to a tribunal even though my employment was for under one year and I beleive they are using cost cutting as excuse not to extend for 6 months as was implied.
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