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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48761
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon. My name is***** Iam an agency

Customer Question

Good afternoon. My name is***** Iam an agency employer, till last friday I was working in a huge logistic warehouse on Gateway London.s My work was involved with printing labels, generaly work with a computer. 8 h a day, when I informed managers about my problem with my back and Id like to have possibility to sit at ls ruleseast 15 min per 1-1,5 h they have decided to cancel me becouse of theirs rules that nobody can sit during the working time. My question is did they have a right to cansel me becouse of this if other persons can sit when they work on a computer on the same warehose as me but they are probably employed by the company directly not by agency and they are British not other nationality like me? Iam Polish by the way. Hope I will get any answer from You Thank You with regards Oktawia
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello how long have you worked there for?
Customer: replied 2 years ago.
Hello, Just started 3 weeks ago
Customer: replied 2 years ago.
Are You there Sir?
Expert:  Ben Jones replied 2 years ago.
Sorry my connection dropped. Do you think the reason for this was your nationality? Or would it have been the same if for example a British worker had made the same request?
Customer: replied 2 years ago.
before me was working on the same place over 2 months the British Lady and She could have a sit, she brought her own chair and it was no problem
Customer: replied 2 years ago.
So I think its about the nationality, becouse I wanted to be fair and I informed them about my problem they ve taken this as explanation that they cant keep me over there, but why others can use chairs??? And no manager says anythink about it???
Expert:  Ben Jones replied 2 years ago.
Generally, as an agency worker you do not have the same right as an employee and will not be protected against unfair dismissal. This means that you are not actually guaranteed any work and can be terminated with little or no notice. This is just the nature of agency work. However, if you have been treated detrimentally because of a protected characteristic (this includes race, nationality, ethnic origin, religion) then you may be the victim of discrimination. You will get protection against them no matter what your employment status is or how long you have worked there for. The key is that you must be treated detrimentally because of this. So if you compare the treatment that someone who is not Polish gets, or British get better treatment, then that is potential discrimination and is unlawful. The same could apply to your back. Having a disability is a protected characteristic so if you are being treated detrimentally because of a disability then you could also be the victim of discrimination. You have the right to complain to the employer (either agency or their client) about this and raise your concerns. This is your basic legal position. I have more detailed advice for you in terms of where you can take this next I the agency does not help you and also how to establish if you have a disability. I wish to discuss this with you further so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 2 years ago.
Iam sorry Sir, but Iam on the lawest rate per h and I could not give You any tip, hope You will understand me. I would like very much to know what I can do about this now, becouse for me its not right what they have done, really
Expert:  Ben Jones replied 2 years ago.
Don’t worry about a tip – thank you for the rating. So to try and work out if you have a disability you need to see if you meet the relevant criteria in law. 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. So you can easily claim that providing you with a chair or a seat is a reasonable adjustment. 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). If you believe nationality is also an issue, you can make a claim for that at the same time. Hope this helps.
Customer: replied 2 years ago.
I hope I understood all of You ve written, but could You please answer me where I should make a claim in my case, to the agency? To the company? To the court? Ive got all medical documentation from Poland, about the exident, about 3 years of rehabilitation. Regards Oktawia
Expert:  Ben Jones replied 2 years ago.
First of all you complain to the company that employed you and which terminated your work - so I presume the agency. At the same time you can complain to the company where you worked. Only if they reject your complaints and refuse to take this any further will you be looking at going to the next step which is the tribunal claim (it's like a court but for employment issues)
Customer: replied 2 years ago.
Ok Thank You The last question Sir How much would I have to pay for it if the Solicitor for example You would fix all in my case?
Expert:  Ben Jones replied 2 years ago.
Well that depends on a lot - you cannot get a fee at this stage because there are many factors that would influence the costs. What I can say is before you go to tribunal you have to contact an organisation called ACAS and use them to try and negotiate with the other side in order to try and avoid having to go to court. This is all free so you could actually end up receiving compensation without having to pay anything and going to court. But if you cannot reach an agreement and have to go to court then paying a solicitor will cost a few thousand for a full case. But you don't need one - you can make the claim yourself
Customer: replied 2 years ago.
Ok Thank You very much Sir. With kind regards ***** ***** Teige
Expert:  Ben Jones replied 2 years ago.
You are welcome, all the best
Customer: replied 2 years ago.
Good afternoon Sir, Oktawia Sommer Teige is writing,I was speaking with You around 9th of november about discrimination arising from disability, I sent the letter to the company, I did not get the answer yet, spoken today with ACAS advisor, she sugested me to call the company what is with my case or wait becouse maybe somebody is looking at it. Id like to ask You will I have to translate all medical documentation from Polish to English if the case would go to The Tribunal? Regards Oktawia
Expert:  Ben Jones replied 2 years ago.
Hello, if this goes to tribunal then it will not be able to accept foreign language documents so they will have to be translated using a certified translator.
Customer: replied 2 years ago.
Thank You very much Sir for Your answear.With kind regards Oktawia
Expert:  Ben Jones replied 2 years ago.
You are welcome, all the best