Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there for?
I have worked here for 2 years on 21st March
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Thank you for your time Ben, I really appreciate your help.. the company is ADP it is a very large global company - american. I don't know if this is any help to you.. but I work for ADP DSI uk
Many thanks for your patience. Your rights will very much depend on whether your conditions can be classified as a disability in law because then you would get extra protection.
In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
So if you are being targeted because of this then it is something you can take further if necessary. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).
If your conditions do not amount to a disability then you will still have rights under general employment law because you are protected against unfair dismissal. It means the employer cannot just dismiss you unless they show they had a fair reason to do so and also followed a fair procedure. So they cannot just go ahead and dismiss, they will need to show that it was justifiable in the circumstances.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks