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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Last year I was diagnosed with high blood pressure, and am

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Last year I was diagnosed with high blood pressure, and am on a pill treatment, I have never been ill or even had a day off sick in 20 years. I informed my line manager of the condition I was previously regarded as a high performer. My line manager has changed 3 months ago and I have been invited to a performance meeting the out come of which could be formal disciplinary action. I Talked to my new line manager at the end of the informal process, I asked that given my medical condition could we take all reasonable steps to deal with this in as stress free way as possible. She had no knowledge of my illness or the extreme consequences of trying to deal with hugely increased stress levels I am under. It also appears that I am suffering side effect from the medication in the form of confusion, which will have had a direct impact on my performance. Where would I stand from a duty of care perspective as well as a mitigation perspective?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Has your employer taken steps to request a medical report to ask questions about your health and it's impact on your performance?

Customer: Nothing at all, I had a meeting around performance 3weeks ago and because she said she would not come back to me with a decision about formal action until after my holiday I ask that given my medical condition could this be resolved sooner, that was the first she knwEw about the conditionals apparently my last line manager had not made her aware of it, I am a manager and as a business we would not normal review medical info until a pattern of absence had occurred but I would have expected a critical illness to have at least been discussed
taratill :

Hello your employer does owe you an implied duty of care to take care of your health and safety. It is not appropriate for you to be perfomance managed without your employer understanding the impact of your health on your work and potentilaly making reasonable adjustments in the event that your condiiton could be considered to amount to a disablility for employment law purposes.

taratill :

I would suggest you raise a formal grievance to say that you consider that they are in breach of the duty of care and that you are prepared to give consent to a medical report for them to understand the impact of your condition on your work.

taratill :

If they fail to do so and continue to performance manage you you will have the right to appeal against any decisons and potentially also to resign and claim constructive dismissal.

taratill :

If you have any further questions please do ask. If I have answered your questions please take the time to rate my answer. Thank you and all the best.

Customer: Thank you, ***** ***** my understanding of the situation but given the situation it is nice to get some clarity,
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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