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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46146
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a community Nurse in my first post and have been having

Resolved Question:

I am a community Nurse in my first post and have been having performance issues. I have failed my six months probation and will have to sit in a meeting with senior managers to see if I am going to lose my job.
I have had a full medical assessment because my difficulties have been due to poor memory. I have just been diagnosed with ADHD.
My question is should my employer give me reasonable adjustments and give me longer in my job (as performance should improve with treatment especially medication).
Many thanks
Warren Cripps
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

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?

Customer:

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.

Ben Jones :

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?

Customer:

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

Ben Jones :

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.

Ben Jones :

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. Do you believe that you satisfy these conditions?

Customer:

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.

Customer:

these issues also present difficulties in home life

Ben Jones :

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.

Customer:

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

Ben Jones :

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

Customer:

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.

Ben Jones :

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

Customer:

ok many thanks for your help today

Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46146
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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