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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47889
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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my name is ***** ***** with first great western

Resolved Question:

hello my name is ***** ***** with first great western for nearly 14 years I have problem with wright leg and lower back I am under care of two consultants and waiting for a letter for date of operation from last year iam doing 5 hours from 9-14 according to advice from dr my employer keep send me for medical advice last one on 09/03/15 she forced me to work shift and with report she sent to them and I applied against it and I have hearing with them on may what should I do?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What's the hearing for?
Customer: replied 2 years ago.

I asked the RMT union to support me so one of them would be with me to discuss the report with the manager and one lady from FGW human resources .

Customer: replied 2 years ago.

to tell me what on the report

Expert:  Ben Jones replied 2 years ago.
What are you actually hoping to achieve in this situation?
Customer: replied 2 years ago.

My health is very important not harm myself so after my operation is not a problem to go back to shift

Expert:  Ben Jones replied 2 years ago.
Your rights will very much depend in whether you can be classified as being disabled. 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, 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:
• making adjustments to work premises;
• allocating some of the employee’s duties to others;
• transferring the employee to fill an existing suitable vacancy;
• altering the employee’s hours of work;
• allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
• acquiring or modifying specialist equipment;
• providing supervision or other support.
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. 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).
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you
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