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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47881
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Jones How long do you have to be employed before you

Resolved Question:

For Ben Jones
How long do you have to be employed before you can claim discrimination for disability, I am going through a redundancy situation and I have a rare condition basically my employer has told me that because of my medical issue I am being made redundant, which I am sure is illegal. I started my emlployement 1st October 2013. I was taken ill and diagnose with a rare condition, for the last 2 years I have received no training help or any form of career development, I did tell them in March 2014 this was a permanent condition.
James
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello there is no minimum service to be protected against disability discrimination. It is an automatic right which applies from day one of your employment.
Customer: replied 1 year ago.
My understanding is that a disability can included a medical condition that last more than 12 months. And that my employer should have take some action since being informed of my condition, it is not like I cannot work just the type of work, also do you take cases on outside of this?
Expert:  Ben Jones replied 1 year ago.
Yes that is correct. 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.Sadly I cannot take on cases outside of here.
Customer: replied 1 year ago.
My understand if this is then if my medical condition is defined as a factor in my redundancy and they have no reasonable adjustments in the 2 plus years that they have know this would breach the equality act and would be discrimination
Expert:  Ben Jones replied 1 year ago.
Yes that is correct if the condition amounts to a disability as described above and if they made no adjustments or used this to make you redundant it would be a potential unfair dismissal and/or disability discrimination
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