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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47914
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have had 2 strokes last year and my immediate manger is putting

Resolved Question:

I have had 2 strokes last year and my immediate manger is putting me under pressure for my work performance, I have given him some information around what cognitive changes he may see it me and things that I may find more difficult to complete?


Also I'm now looking to leave my current emplyor do I need to share my health issues and what protection do I have
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. How long have you worked there for?

Customer: For the last 4 years
Ben Jones :

Why are you leaving and are you actually looking at taking action against your employer after you leave?

Customer: Not happy with the way I'm being treated, and yes I am considering going further
Ben Jones :

You will have certain rights depending on whether your condition amounts to a disability or not. 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.


 


What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:



  • making adjustments to work premises;

  • allocating some of the employee’s duties to others;

  • transferring the employee to fill an existing suitable vacancy;

  • altering the employee’s hours of work;

  • allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;

  • acquiring or modifying specialist equipment;

  • providing supervision or other support.


 


If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. 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).


 


Whether you need to share your health issues would depend on what you expect from the employer – if you are expecting them to help you with your condition, make adjustments, etc then you need to provide them with sufficient information to allow them to understand what you are suffering from, how it can affect you and your ability to your job and to allow them to consider making the necessary changes.


 


If you do not give them the required details and then argue that they never assisted you, then your arguments would be weakened because you cannot expect them to guess your circumstances and the assistance they must give you so to cover yourself you should give them the required information.

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
Expert:  Ben Jones replied 3 years ago.
Hello David, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you