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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46733
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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MY NAME IS***** I HAVE WORKED IN THE RETAIL TRADE

Resolved Question:

MY NAME IS***** I HAVE WORKED IN THE RETAIL TRADE FOR THE PAST 14 YEARS. I AM 50 YEARS OF AGE. I HAVE A PSYCHIATRIC AND DEPRESSION PROBLEM AND MY DOCTOR PRESCRIBED RISPARIDONE WHICH KEEPS ME STABLE, TO WORK, TO KEEP MYSELF CLEAN AND TIDY AND TO REPORT TO WORK REGULARLY.
THERE HAS BEEN A CHANGE OF MANAGERS OVER ME AND BECAUSE OF MY RECENT ABSENTEES SOMETIMES, DUE TO MY LOOKING AFTER MY 81 YEAR OLD FATHER, MY MANAGER KEEPS REPEATING TO ME THAT HE CAN DISMISS ME FROM MY WORK. i RECEIVED A 10 YEAR SERVICE CERTIFICATE FROM MY EMPLOYERS "CURRYS-DIXON " GROUP IN APPRECIATION OF MY GOOD WORK WITH THEM.
WHAT HELP CAN I GET TO OVERCOME THIS CONSTANT NIGGLING WITH MY MANAGER.
I AM A BRITISH CITIZEN BORN IN LONDON
HOOSAIN PATELL
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Firstly can you tell me have you had any warnings around being absent from work please.
Customer: replied 1 year ago.
Yes. I had 2 warnings in June being off sick. One warning in July. I was late for work 4 days in Sept. 2 days late. In October. I am on Medication
and find getting up a little difficult. I am better now but have to keep an eye on my aged 81 year old Father
who is at home.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. If you are suffering from these conditions, the likelihood is that you would be classified as being disabled and will have certain rights.
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:
• Physical or mental impairment – this can include nearly any medical condition;
• Substantial effect – the effect must be more than minor or trivial;
• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
• Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)
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:
• making adjustments to work premises;
• allocating some of the employee’s duties to others;
• transferring the employee to fill an existing suitable vacancy;
• altering the employee’s hours of work;
• allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
• acquiring or modifying specialist equipment;
• providing supervision or other support.
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. The first step would be to raise a formal grievance with the employer. This could result in them speaking to the manager in question and asking him to back of or to be more considerate about your condition and how it affects your work. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46733
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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