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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48772
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can an employer force a person with a mental disability to

Resolved Question:

Can an employer force a person with a mental disability to work more than their allotted 16 hours
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. can you tell me is the person contracted to 16 hours and how long have they been with there employer please.

Customer:

Ah I am not sure if she is contracted for 16 hours so that's not too helpful. she has been with them for 3 years

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Thanks for your patience. the first thing to check is the person’s contract to see what hours she is actually contracted to work and if the employer can ask her to do any overtime if it takes her above her contacted hours.

If the contract has her contracted for more than 16 hours or they can ask her to do overtime from time to time then they are allowed to do so. Saying that if she is unable t work these hours because of her disability, she can argue that the employer has a duty to make reasonable adjustments to assist her if her disability is placing her at a substantial disadvantage wen compared to other non-disabled employees.

In these circumstance a reasonable adjustment could be cap on hours or some lighter duties that means she is not affected as much. But it would depend on hat the effects of the work are and what would be best suited for her to get in the circumstances – different adjustments would work in different situations it would depend on her circumstances.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Thank you, ***** ***** helpful.

Ben Jones :

you are welcome, all the best

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