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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Is it legal to put a time management plan in place if the person

Resolved Question:

is it legal to put a time management plan in place if the person has a debilitating illness.
thanks......Dorothy
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 this person had time management issues as a result of their disability?
Customer: replied 1 year ago.
yes, ive got acute unstable IBS and DIVERTICLAR disease, resulting in a mortifying accident at work, because of previous time off with the same they put me on a time management plan. I was told I was only allowed to have 13.5 hrs off between 24th July-4th Sept, totally undoable.I wondered if this was legal to put a plan like his in place. Thank you.Doroty
Expert:  Ben Jones replied 1 year ago.
Whilst it is possible to eventually place someone on time management plan, this should not be something they rush into, especially if the employee is likely to be classified as 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. So the employer should have considered these adjustments before placing you on a time management plan. In order to deal with this, 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
Customer: replied 1 year ago.
thanks, ***** ***** moved me to a level site, no stairs, as I have had a total knee replacement, that didn't go to plan, im to go back on a rehab programme, on reduced hours, so it seems that they have done it all right, I still think its wrong though, thank you.
Expert:  Ben Jones replied 1 year ago.
If you still think they are not doing enough or treating you unfairly then you have nothing to lose by going down the grievance route - the worst is they reject it and nothing happens but it i your right to try that in order to attest to resolve the issues you are experiencing. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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