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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47392
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I nned some advice re work. I have come back after having a

Resolved Question:

I nned some advice re work. I have come back after having a breakdown, I have been dianosed as depressed, also suffering from panik attacks..all of which I had medical certificates for and medication (which I am still taking). Since my return to work, one of my colleagues has been asked to watch what I do and pass on information on any mistake nomatter how big or small that I make and advise my line manager. I have spoken to my manager today as he has always had confidence in my ability and prior to the break down I was doing well. I have made a couple of minor mistakes that I have rectified. but I have founf out that my line manager is going to HR to see what the next step is... I feel very targeted and feel now that even though I am capeable of the job.. I have had a PDR where I spoke about the plans I want in place for training and extending my knowledge etc... I am concered that I am being targeted to be pushed out as I was signed off for a month... Please could you advise where I stand and what help I can get?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

Customer:

I have worked here for 2 years on 21st March

Ben Jones :

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

Customer:

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

Ben Jones :


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:



  • Physical or mental impairment – this can include nearly any medical condition;

  • Substantial effect – the effect must be more than minor or trivial;

  • Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;

  • Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)


 


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.

Ben Jones :

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

Ben Jones and other Employment Law Specialists are ready to help you

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