Employment Lawyers Can Answer Your Employment Law Questions
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Has your mum requested for her hours to be reduced? Also, how long has she been working there for?
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Many thanks for your patience. If she has been diagnosed with cancer then she is automatically classified as being disabled in law and will have automatic protection against discrimination, which means that she must not be treated unfavourably because of her disability. In addition, her employer would have a duty to make reasonable adjustments if she is 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:
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. Asking someone to give up their job because they are struggling to work with a disability and considering no reasonable adjustments have even been attempted is indeed likely to be discriminatory. 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).
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