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Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has he worked there
Sorry Hi by the way
Thank you. Please leave this with me, I am mobile for most of today so it may be difficult to provide a full response straight away but I will get my advice ready and get back to you on here as soon as I can, certainly no later than this afternoon. Thanks for your patience.
Thanks for your patience. First of all he needs to consider whether he is classified as disabled in a legal sense as that will affect his rights in this situation.
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 duty to make reasonable adjustments is a strict one so 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. This is something he could use as a negotiating tool if he was to try and bargain over any settlement figure.
As to what he has been offered so far, there is no such thing as a good or bad offer really – essentially it is for the person to decide whether they are happy to accept what has been offered. But as a minimum I would probably look at getting his notice period (minimum 12 weeks), any accrued holidays and 3-6 months’ pay on top. Of course you can try and negotiate as high as you want but in the end you cannot force the employer to pay something which they do not want to so you will have to find some middle ground. However, if there is evidence of disability discrimination that could be used as a bargaining tool to try and increase the offer because the employer would not really want to be facing a discrimination claim. Finally, remember that the first offer is rarely the employer’s best and they will always have room for more.
Thanks for the answer and we will visit the doctor on Monday to see if they can advise further re disability as he receives a war pension as he was a soldier and was shot in the arm. The injury does not prevent him doing most activities such as driving and operating machinary.
ok that is the first step because if he is disabled then his rights will be better and he could have more of a legal leg to stand on so try to determine that if possible
Thanks for the advice it is very useful. Do I rate the answer now and pay?
Hi my partner has now been told that his employer Lotus will use a contract dating back to1998 when he worked for a different company called SITA in a different role.That company lost the council contract and were repalced by Quadron who promoted my partner to supervisor, but Lotus say they do not have a copy of his contract or terms and conditions and as such will have to use the 1998 contract and terms and conditions. Quadron have told us they handed everything over to Lotus in April 2009 when they took over the contract. We have nothing other than proof that my partner applied to Lotus for the operations supervisor position and was given an interview and has been doing that job since Lotus took over. Today Lotus refused to give another employee a copy of the staff handbook for my partner. They said it was being ammended. We are very concerned.
So far they are saying nothing. it is unclear why they suddenly say he has a week to produce evidence that the 1998 terms and conditions changed while he was at Quadron. Why the rush and as he is meant to be resting and staying stress free in order to get better. This is not helping.
I am happy to pay a bonus for your extra help of course.
Can the company legally use the contract from 1998 and why would his terms and conditions be different from the rest of the workforce? There has been talk that many contratcs have been lost by the company. If they have lost his paperwork then can they make him responsible for getting proof of his terms and conditions? He was tuped over on each occasion. Also if he is off sick should they be asking him to do this anyway? Maybe we should just wait to see what they do.
For Ben Jones
It is all a bit of a mystery right now, I guess we will have to wait for their next move. Can I let you know what happens?