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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I am currently on unpaid work within national probation service.

Resolved Question:

I am currently on unpaid work within national probation service. I have been informed that I am only allowed to present 2 self certification notes if I am ill otherwise I will be breached and sent back to court for additional sentence.. However, I think this goes against the disability discrimination act. As I have 2 medical conditions:-
1. rheumatoid arthritis for which I am on immunosuppressants which deplete my immune system and make me susceptible to infections.
2. bi-polar disorder which often makes me depressed.
Could you kindly advise the legal position on these matters
Many thanks
Stephen
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
In what way would these disorders prevent you from completing unpaid work? Remember it is a very high test.
In any event, this is not disability discrimination. It is applied to all non attenders whatever the condition. It doesn't operate against those with a disability.
There is an obligation to make reasonable adjustments of course but I cannot see how that would apply either. These are not conditions that prevent a person from working. Many do wwork with these conditions. An acute episode may be sufficient but then a doctor's note would cover that.
On your specific point, there really isnt any reasonable justification for asking them to make adjustments here. A person with that condition isnt disadvantaged any more than anybody else by their demands.
I am very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo,

Made up it's you replying.

I had a very lengthy interaction with you recently regarding my sentence for harassment without violence, were you were outstanding with your responses.

I am fine with doing the unpaid work but if my arthritis flares up or I am il due to my immune system being depleted I don't think I should be breached and have to go back to court as I see this as being against the disability discrimination act ?

Cheers

Steve

Customer: replied 2 years ago.

Hi Jo,

Hope you are well.

Have you any adice regarding my last question ?

Many thanks and kind regards

Steve

Expert:  Jo C. replied 2 years ago.
Sorry for the delay.
You won't be breached for ill health if you get a doctors note which says you are not fit for unpaid work.
Jo C. and other Law Specialists are ready to help you