Thanks for your patience and sorry I could not get back to you sooner. It is highly likely that the employer has not acted reasonably or even according to their legal obligations. You will have certain protection in these circumstances due to your medical conditions as you will most likely be classified as disabled under UK law.
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. Below are some examples:
It is not for you to request Occupational Health – this is the employer’s responsibility as soon as they are aware of your conditions and that they may affect our work. The same applies to making the reasonable adjustments mentioned above.
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, which you have done so I suggest you follow that up. 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).
Hope this clarifies your position? If you could please let me know that would be great, thank you