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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44932
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My employer insists that they have no legal obligation to

Customer Question

HI there,
My employer insists that they have no legal obligation to return me to work or offer a reasonable adjustment? I filed grievance procedure because we had meetings over five years in order for me to return to work after an injury at work. They often stopped corresponding but they have never offered any possible adjustments. Now they claim they have no legal obligation to do so but my grievance was partially successful in terms of lack of communication.
Are they right in stating that they have no legal obligation to offer any reasonable adjustment/ return me to work? I am now disabled due to chronic pain and issues with mobility.
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

How long have you been off for and what adjustments do you think they can actually make?

Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 month ago.

How long have you been off for and what adjustments do you think they can actually make?

Expert:  Ben Jones replied 28 days ago.

Hello, not sure if you saw my initial query above - How long have you been off for and what adjustments do you think they can actually make?

Customer: replied 27 days ago.
I have been off 6 years ( was employed permanently for 6 onths before the accident) we have been negotiating my return 5 years. There were long periods of y employer not responding at all to any correspondence and recently they accepted my grievance for lack of communication.
I have informed CEO on 3 occasions that HR are not responding and until I filed grievance none of them acted on any complaint. I am also legally disabled as a chronic pain sufferer. Reasonable adjustment: helping on preparing curriculum, advising on children's special needs as I am highly qualified. They hired specialists that have completed similar course to mine but would nt offer me a chance. Also they suggested to train me as a psychotherapist then retracted based on HS. However, they could offer me to retrain me for social worker because they have need in more than one site for that role.
Expert:  Ben Jones replied 27 days ago.

Thank you. The employer is incorrect that they have no legal obligation to try and return you to work or make any reasonable adjustments. If you are classified as disabled in law then there is a strict duty on the employer to make reasonable adjustments if you are going to be placed at a disadvantage due to this disability.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:

  • 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. 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).

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to take should you decide to pursue this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Customer: replied 26 days ago.
Thank you for your reply. Perhaps you missed when I stated I already filed grievance based on 3 aspects: seemingly no reasonable adjustment, CEO was informed 3 times that HR failed to communicate so he filed to take responsibility to stop unfair treatment and further detriment to me, 3 they are treating me differently because of my disability. So their response to my grievance is that they have no legal obligation to give me job and thay accepted my grivance in part i regards ***** ***** of communication.
Expert:  Ben Jones replied 26 days ago.

Hi there, I did see you have already done this but I just wanted to cover all steps so that you are aware of what is expected of you and what your rights are. If you have raised a grievance and it has not succeeded, assuming you have appealed and that has also been rejected, your next step is potential constructive dismissal and/or a disability discrimination claim.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to take should you decide to pursue this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 25 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 24 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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