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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am presently on band 6 in hospital. I asked

Resolved Question:

I am presently on band 6 in hospital. I asked for relocation in same hospital as I have an anxiety disorder and was offered a band two with half the salary. Where does the law stand on this offer please?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How long have you worked there please?
Customer: replied 1 year ago.
Over 20 years
Customer: replied 1 year ago.
I am having difficulty in finding your response. Where is it please?
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Do you know if there are any vacancies at your level with a similar salary to yours?
Customer: replied 1 year ago.
Not at the moment although I would accept a band 4 or 5. Thought Equality Law states that I should be given a reasonable offer.
Expert:  Ben Jones replied 1 year ago.
First of all you need to establish if you r condition actually amounts to a disability. To be covered under the Equality Act you must be 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: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. So a reasonable adjustment in the circumstances could be moving you to another position or location. However, this would only be possible if a suitable vacancy exists. The employer wold not be expected to create a vacancy for you or remove someone to slot you in. So yes, they would have a duty to make reasonable adjustments but the key here is that they are only reasonable adjustments – not guaranteed whatever the circumstances. What is reasonable will depend on what is possible at the time and what is available. If nothing suitable is available that would keep you on a band 4, 5 or 6 then they could just offer you lower positions if that is all that they have. Of course you do not have to accept tat but if there are no other adjustments that they can make, it does mean you may have to remain in your current post or be signed off sick. On the other hand, 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. 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 hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. 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: 46798
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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