Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
What do you believe the employer could have done better in this situation?
they have not provided any real evidence that they have looked seriously at potentially modifying my previous role to enable me to continue.
I have also heard about a case law jelic v South York police ? i understand this obligated the employer to place a employee in an alternative role i.e. make a job for the employee potentially on same t & c's. The employer has not offered any such alternative and says that they are unable to due to cut backs.
Were such changes and adjustments actually possible?
they say not but i wonder if they actually looked into it at all? tbh i think it was unlikely but I am not an expert on the technical issues. they were certainly unwilling to change the structure of the unit (i worked on rescue boats) to incorporate me in a different role.
ok let me get my response ready please
First of all you need to establish whether you are disabled. 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:
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:
The case of Jelic was to do with making reasonable adjustments and the tribunal held that swapping a disabled employee's role with that of a non-disabled employee was a reasonable adjustment, even where the non-disabled employee was happy doing his job. But the issue is that every case is fact-specific and that does not mean that if an adjustment has been given as an example of being reasonable in the past that it would definitely and unconditionally be one in your case too.
Generally, when looking at the reasonableness of such a dismissal, the tribunal will usually look at the following elements:
Dismissal must always be viewed as a last resort by the employer. Only when it is obvious that the employee cannot continue in their job and that there was nothing else available for them to do would dismissal become a fair option.
If the dismissal goes ahead you only have two options – one is to appeal to the employer first and after that you are looking at the tribunal claim for unfair dismissal and/or disability discrimination. It is now a requirement that you must try and mediate with the employer through ACAS before you make a claim so you could still end up settling with them without having to make a full claim.
a job swap was possible last year as there was a person who was willing to do this but the employer did not offer this. They did not make any attempts to advertise such a proposal either.
That would obviously be relevant and will form part of your argument if you were to take this further, but as far as your rights are concerned they are as detailed above including the steps you need to take if this results in dismissal
thanks for your help
you are most welcome