Thanks for your patience. The employer has the right to consider investigating and disciplining you over your conduct if they believe that it amounts to misconduct. How seriously they treat this will depend n the overall seriousness – for example the nature of the text, if it was an ongoing issue, how seriously the client took it, how it may affect their business with the employer and so on – there are many factors to consider. However, based on the circumstances surrounding this and why and when you sent the message there should be some leniency on their part and I would hope a warning advising you to watch your future conduct would be appropriate.
In terms of what the employer should to in general to help you with your condition, you are likely to be disabled under employment law. They would therefore have a duty to make reasonable adjustments to help you. 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 they fail to do this they can be guilty of discrimination.
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 your rights should the employer be discriminating against you. 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