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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I've been with my company a yr but as a contractor

Resolved Question:

Hello
I've been with my company for over a yr but as a contractor so self employed so no holiday entitlement
I was taken on to be made an employee once my Dbs came back that was 6months ago
I suffer from anxiety depression and have done since my family died so at times I could do with a break I have had had the day off as sometimes at certain points iget severe bouts I've asked repeatly and now stopped its making me low
What can I do if anything
Thanks for your time
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today, are you saying that you were told you would be made an employee once the DBS came back but they have changed their mind due to the fact you suffer with depression and anxiety?
Customer: replied 1 year ago.
Yes jenny
Expert:  Jenny replied 1 year ago.
Hello Steve please can you tell me if they are refusing to now make you an employee and pay you annual leave?
Customer: replied 1 year ago.
Yes just gone quiet now and when I don't get paid on time the regional manager thought it was funny as it keeps happening
Expert:  Jenny replied 1 year ago.
Do you think this is because you suffer from depression?
Customer: replied 1 year ago.
They reckon that I'm not full filling my purpose even though I've been doing my job for a yr without problem because my meds cause drowsiness but all meds we take do that in different people and I still do oncall and have never refused a call out
Expert:  Jenny replied 1 year ago.
Ok if you are being treated differently due to your disability this amounts to direct discrimination contrary to the Equality Act 2010. The fact that you are not an employee makes no difference. You should raise a grievance and say that you believe their failure to take you on as an employee and pay holiday amounts to disability discrimination. If they do not make you an employee after that you can start ACAS early conciliation to raise a complaint www.acas.org.uk. Ultimately you will be able to bring a claim in the employment tribunal if you need to about this. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer as I am not otherwise paid for answering your question. Thank you and all the best.
Customer: replied 1 year ago.
Thank you jenny
Expert:  Jenny replied 1 year ago.
No problem, I would be really grateful if you would remember to rate my answer before leaving the site as I am not otherwise paid for my time. All the best with this and do come back to me in the future if you need to.
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