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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47341
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My wife has worked company years and has had Ms

Resolved Question:

My wife has worked for a company for 11 years and has had Ms for 4 years which sh has always told them about she got promoted 1 year ago to area manager she has done her job but the Ms is getting worse so she asked to drop a day as she is tired all the time. They have told her this is not possible as her position is full time so they may have to let her go or demote her were she will loose 10000 per year which we can not afford were do we stand
Cheers
John
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Has she raised a formal complaint about this?
Customer: replied 1 year ago.
No she has not it has all been informal up to now I was just wondering were we stand
Expert:  Ben Jones replied 1 year ago.
Hello again, as she has been diagnosed with MS she will automatically be classified as being disabled for employment law purposes. 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”. If a person is classified as 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). I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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