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I am deaf and wear two hearing aids, I am having a disciplinary

Customer Question

I am deaf and wear two hearing aids, I am having a disciplinary meeting reason being
I talk too loud (which I don't) and disrupt the open office environment. What do I do?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-2rjh1678- : 7 years
Ben Jones :

if the employer believes that there is an issue with your conduct then they can potentially take disciplinary action. In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:

  • Conducts a reasonable investigation;
  • Follows a fair disciplinary procedure; and
  • Shows they had reasonable grounds to believe the employee was guilty.

The issue here is whether your deafness is to blame for this. Whilst to you it may not appear that you talk too loud, the employer would not just be taking such action unless they had some concerns about it, for example it could be complaints from other employees.

However, if the reason other believe you talk too loud is because of your hearing condition then this you will have certain rights under the Equality Act 2010, which provides protection to employees that have a disability. Your deafness will be a disability so it means that the employer has a strict duty to try and make reasonable adjustments to try and help you in the workplace. For example, if it is believed you talk too loud as a result the employer could try and do something to reduce this, such as giving you private working space away from others.

If there are reasonable adjustments that could be made to help you but the employer has not made them or even considered them it could amount to disability discrimination and the disciplinary action resulting from it could be unfair. If that is the case I suggest you raise this issue with the employer as soon as possible and before the disciplinary so that they can reconsider their position.

If the disciplinary proceeds then you can defend yourself at the hearing and if a decision is taken against you, then you can appeal as well.

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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