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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My UK employer has failed to provide reasonable adjustments

Resolved Question:

My UK employer has failed to provide reasonable adjustments for my mental health disability in my working environment and cannot justify this failure. What are the consequences of this unlawful act and what are the options open to me for compensation if their failure has caused my health to suffer further and render me unable to return to work.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When did they refuse to make the adjustments?

Customer:

They informed me two days ago in a Return to Work meeting that I would be given 6 more weeks of light duties to assist my recovery from my work related stress and depression and then they would have no more work for me if I was unable to then return to full duties. My job is as a prison officer.

Ben Jones :

If an employer fails to make reasonable adjustments then there are a couple of options open to you:



  • First of all you need to raise a formal grievance to allow the employer to deal with this directly.

  • If the grievance fails then you have the right to consider making a claim for disability discrimination in the employment tribunal. The claim must be made within 3 months of the alleged discriminatory act taking place, so if the issues is failure to make reasonable adjustments it would be from the date of that failure.


 

Customer:

The failure of my employer has left me feeling totally unsupported in my workplace, bullied and discriminated against.

Customer:

The actions of my employer has left me feeling totally unsupported and discriminated against with no option but to resign and leave the job, do I have a case for constructive dismissal as a result of their discriminatory actions.

Ben Jones :

that is also an option but it is risky as you are placing yourself out of a job and a pursuing a claim that can be difficult to win, so the risks can be high

Customer:

what are the penalties on the employer if they are found to have committed a discriminatory act which has caused my health to suffer further

Ben Jones :

If a claim for discrimination is made, the usual remedy would be to award compensation for injury to feelings. This is calculated by considering the level of discrimination that the claimant has been subjected to. The seriousness of the discriminatory behaviour is assigned to one of three ‘bands’ known as Vento bands, named after a court case with that name. The current compensation levels are as follows:



  • Lower band - for less serious cases, for example an isolated incident or event (£600 - £6,000)

  • Middle band - for serious cases which are not serious enough to fall within the highest band (£6,000 - £18,000)

  • Top band - for the most serious cases, for example if there has been a lengthy and calculated campaign of harassment/discrimination (£18,000 - £30,000)

Customer:

If I prove that my disability in this case work related stress was caused by the actions of my employer what recourse would I have and what compensation could I claim.

Ben Jones :

apart from the above it could be personal injury as well but the damages will have to be assessed by a specialist personal injury solicitor

Customer:

Many thanks

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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