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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am employed in a Government department. I have a long

Resolved Question:

Hi I am employed in a Government department. I have a long history of mental health issues. I had an occupational health assessment in Nov 2011 and the department doctor felt that in his professional opinion I would be covered by the DDA/Equality Act due to the length of time I had this problem and the effects it had on me. He also suggested I work PT if I could and my employers had to reduce my hours to 24 pw. I was moved to another job deemed to be less stressful early in 2012.
Autumn 2014 that section was centralised elsewhere in the country and we were moved to another job in the same building, for me very much the same job as I was moved from in early 2012. I had another occupational health assessment which recommended that they look at my target levels and also took the view, in the professional opinion of the person who did the report, that I probably would be covered by the Equality Act, I think they call it these days. That was December 2014 and I have had nothing done about it since.
The section I work in has been re organised several times in the last 6 months and I have had 3 different line managers. I have brought it up with each one of them but things have always been moved about again before anything is done. I have pootled along doing ok but I am gradually feeling more and more stressed and agitated and a couple of weeks ago I had a panic attack at work, so I really feel I need to get something done. Please advise what action I need to take if my current line manager conveniently forgets about the situation.
Please note that we have no on site HR and the HR office is somewhere in the country but I dont know where but rather remote.
Many thanks for your assistance indeed
Gail
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. Have you raised a formal grievance about this yet?
Customer: replied 2 years ago.

No I have not done so yet I was unaware if this was the right thing to do. What are my rights and my employer's responsibilities in the situation. ?

Expert:  Ben Jones replied 2 years ago.
If a person satisfies the criteria for being disabled they 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).
You may also consider resigning and making a claim for constructive dismissal, if you feel you have been left with no other option but to resign.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
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
Ben Jones and other Employment Law Specialists are ready to help you

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