Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What reasonable adjustments could the employer make in the circumstances?
Firstly I would like them to watch my improvement after I start Ritalin treatment for my ADHD. They could possibly let me say not work more than 5 or 6 days in a row. Not to overload my patient list, say 12 jobs max a day.
This could indeed be a valid argument but only if you are classified as being disabled Have you looked at the relevant criteria to see if you meet that definition?
I have checked online and it says ADHD is a disability if it has a major affect In at least 1 area of life in my case at work
yes, but it is not as simple as that, I will explain the requirements in more detail below and then you can see if they apply to you.
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. Do you believe that you satisfy these conditions?
Its difficult to say, the specialist assessing me agrees that the symptoms of ADHD ie difficulty concentrating, poor memory/inability to focus is the direct reason for poor performance in this job and is the reason I have been sacked from other jobs in the past.
these issues also present difficulties in home life
ok I cannot tell you whether you are disabled or not, you have to decide based on the above factors whether that is the case and provide information to the employer to show that this may indeed be your position. For example reports or other letters or confirmations from medical professionals that support this. The key is that if you are disabled you will have the necessary protection in this situation and can certainly ask the employer to make reasonable adjustments before they consider dismissal. However, if you are not disabled there would be no such protection and they can go ahead and dismiss you if necessary.
Do you think it reasonable for me to ask for a 3 month extension to my probation in order give me a chance to show improvement now my ADHD has been diagnosed. My Specialist thinks it likely a positive response to medication will increase my focus/concentration dramatically and should improve overall performance as a result
yes that can certainly amount to a reasonable adjustment and in fact even if you are not disabled you have nothing to lose by asking for that
Lastly is there anything else you think I need to do/ask in order to help my situation? I will have a psychiatrist and occupational health doctor write their views to my managers.
the most important thing is to be able to show that you meet the definition of having a disability so gather as much information and support from the medical personnel to be able to support that argument and show that you meat all the requirements
ok many thanks for your help today
you are most welcome, all the best