Hi there, the issue with preventing the employer’s actions is that you cannot force them to do so, even if you are in the right and have rights to prevent that. If they are adamant on pursuing their agenda, they can continue with it, even if they are going to be discriminating against you in the process. All it means is that you may have a potential claim against them but you cannot actually force them to act in accordance to law instead.
If you are classified as being disabled you will have automatic protection against discrimination, which means that you must not be treated unfavourably because of your disability. In addition, the employer would have a duty to make reasonable adjustments if you 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.
Whilst the VE agreement would be the easiest option to put an end to this, do not just be railroaded into it. Ensure that you negotiate a suitable amount if you are to agree to it, together with references to help you find a new job in the future.
If you are unable to agree on a suitable VE, then you may have to consider a claim against them and there will be further opportunities to negotiate with tem before the claim proceeds.
This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow if you are to take this further and the negotiation options I mentioned, 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