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I would like to remain on regular days 7.30-4.30
Thank you very much for your patience. Your rights will largely depend on whether you can be classified as disabled in law. In the legal sense of the word, disability can have a broad meaning and there is no single list of conditions that qualify. Instead, to establish whether a person is disabled for legal purposes, they need to establish whether they meet the legal definition of ‘disability’.
The Equality Act 2010 (“EA”) 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:
If a person satisfies the above elements, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated less favourably 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 of what could amount to a reasonable adjustment:
So if you believe that you are disabled according to the above definition you can argue that your employer should be making reasonable adjustments and that one of these would be to adjust your hours to accommodate your needs. Even if you are not disabled your employer has a duty to try and ensure you health and safety in the workplace and if there is anything that is likely to expose you to an increased risk then they should do their best to avoid or at least minimise that.
Finally, you have worked set hours for the last several years. It is likely that these hours would have become your implied contractual terms and by attempting to change them now your employer is basically going to be changing your contractual terms and conditions. They cannot really do this without your consent, consulting with you or even terminating your contract and offering you a new one with the new terms.
So if you are being treated less favourably because of your disability or your 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 (bearing in mind that the time limit for claiming is only 3 months from the date of the alleged discriminatory behaviour taking place).
I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you
The advise you have given has made me feel more positive and will help me with my problem, if I need more advise I will come back to you