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