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. have you provided the medical evidence of your condition to your employers
They are fully aware of the Diabetes and apnoea and my immediate manager is aware i am back and forth to the doctor and hospital for other problems
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Thanks for your patience. From the wording of your contract it does appear that the employer has the right to ask you to move workplace if it is becomes necessary. Such clauses do not give the employer the full power to move you as and when they see fit, but it does mean that if the move is considered fair and reasonable and they follow a fair procedure, it could happen. So for example, as long as the new location is not much further away than the current one and there is a consultation period and you are given sufficient notice to move, they could rely on that clause to require you to move as required.
However, in your case you may have some additional protection based on your medical conditions. If you can show that they amount to a disability in law, then you could try and argue that the employer needs to make reasonable adjustments to assist you in the job and to reduce the negative effects that these changes may have on your health.
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.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. In your case that could be not forcing you to move if the effects of such a move would place you at a substantial disadvantage. It is certainly an argument you could raise if you believe that you are classified as disabled in law.
so provided they don't ask me to do anything i don't do where i am now owing to my conditions, i have to accept it?
well, subject to the arguments I raised above, but generally yes as long as it is just the location changing and that is done reasonably then they could ask you to move
not what i wanted to hear. I was hoping that because of the length of time i have been there then i might have had some anchor.
and the fact i was re-interviewed to stay there previously.
well that would generally help if you did not have it written down as your normal place of work, but you do so you have a clear indication in your contract as to what your normal place of work is. But at the same time you are also bound by the remaining terms of your contract and assuming there is a relocation clause in there means that the employer could also rely on it as necessary
you are welcome