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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer has been made fully aware of my medical condition,

Resolved Question:

Hi
My employer has been made fully aware of my medical condition, my medication and how both of these affect me and my performance at work.
Despite this I have this week been taken to one side by one of the directors of the company in relation to an error made at the end of November that has just come to light and warned that this must not happen again as this year they are making every effort to be 'better than the best' and I may not come up to their exacting standards, and had a one to one with my line manager, along with everyone else in the company, which is only small I might add, there are now twelve of us including the two directors, and in these meetings we have all been made aware of the poor performance procedure as a premature warning of how things could go.
My questions are should they have done the latter to any one of us, and for me personally, as I felt on the day of my wrist slap that I no longer felt capable of working there, and almost did not return the following day,are they correct with their attitude towards me? I have never asked for special consideration, however I did reduce my working hours, which they agreed to knowing the issues that I have?? I would also like to say that the error that was made was on a day that I was on holiday cover and was particularly bus and stressful.
Many thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you have a specific question about this?
Customer: replied 1 year ago.
I'd like to know if they are correct in their actions towards me.
Expert:  Ben Jones replied 1 year ago.
Not sure if my follow up question came through - how long have you worked there for? Also what is the nature of your medical condition?
Customer: replied 1 year ago.
Two years and 10 months. I had an anterior cervical discectomy and fusion back in 2012. This us now deteriorating and leaves me in constant pain amongst other things. I take a mixture of neuropathic drugs and pain killers. The details of which my employer has
Customer: replied 1 year ago.
Sorry that should be 2002.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can, which should be later this evening. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Naming and shaming employees is not in itself unlawful but it could amount to a breach of the implied term of mutual trust and confidence which exists in every employment relationship. What I am more concerned about is if there has been any discrimination on the employer’s part. In your case you are looking at disability discrimination which would occur if you are being treated detrimentally because of a disability or if the employer has failed to make any reasonable adjustments to try and help you with it. 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. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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