Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for?
Whether this should have triggered a disciplinary would depend on what the employer’s intentions were and if this resulted in a disciplinary outcome (basically a formal warning or dismissal). I am not too sure that there was a disciplinary outcome here because there was no formal warning issued that would form part of your disciplinary record, it was a decision which said that you should do something or face formal disciplinary action. So it was basically a threat of disciplinary action rather than disciplinary action itself.
Your rights are really concerned around your condition, which could amount to a disability in law. You get pretty strong rights in that case and the protection you get there is much stronger than anything to do with lack of disciplinary you are concerned about.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have under disability laws, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. A warning is a formal notification that someone is warned of something and it is then kept on their file for a specific period of time. Whilst there could be an argument that this constitutes a warning your ways of challenging this are not much different than the ways of challenging potential discrimination and are even riskier because you can only challenge it by resigning and claiming constructive dismissal. I would concentrate n the discrimination part here as it gives you much stronger 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:
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:
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).
Hi there, if you were to resign then you would be doing this under constructive dismissal which is wher you have been forced to leave due to the employer’s unreasonable behaviour. This would allow you to leave with immediate effect and without having to work your notice period because the argument would be that through their actions they have breached your contract and its terms are no longer valid, including the requirement to give notice to resign.
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