Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Has this created an issue with the employer in any way?
Customer: Yes, even though the new team were made aware of the reasonable adjustments before I started the role and after I had been in role for a number of months they have now said they cannot accommodate the no travel adjustments, which means I now have to find another job by February ( at which point they can no longer accommodate my reasonable adjustments and potentially terminate my employment)
Customer: i have worked for the company for 18 years. I thought that if the new team had an issue with the reasonable adjustment they should have raised it when I made them aware of the adjustments, which was after I accepted the role but weeks in advance of starting the new role, if it was an issue they could have raised it at the time, withdrawn the offer. Instead I find myself in this really difficult situation. I am raising a grievance, but looking to get a clearer picture on this part of it.
Ben Jones : There is no legal requirement on you to have disclosed your disability to them before accepting the role because an employer cannot discriminate against you if they knew you had a disability. So whether you informed them of the disability or not it would not have changed your position because they could not have reconsidered your position as a result. This would only have been an issue if the disability means you were not capable of doing the job. But even with a disability the employer must take you on and then try to make reasonable adjustments - you do not have to tell them of that before the job or before you accept, this requirement on them to make the adjustments exists at any time and it is very strict, regardless of whether they knew about your condition before or not.
Customer: Thanks for this. The job advert did not state that travel was required as part of the role. They are now saying that occasional travel will be required ( although this was not in the job vacancy role requirements) including overnight stays and that as I cannot travel / stay overnight due to epilepsy I will not be able to meet expectations of role and they cannot meet the no travel reasonable adjustment. They are saying it is a misunderstanding or miscommunication when I took on the role that travel was not required, but that they cannot accommodate it and if I wish to complain I can raise a grievance but it doesn't change the fact the team cannot accommodate me. I work for lloyds banking group which is a huge organisation .
Ben Jones : As they have identified you can raise a grievance but if that and any subsequent appeal does not work then all you can do is consider the disability discrimination claim route. That or even consider resigning and claiming constructive dismissal but it is up to you as to how far you wish to take it
Customer: Do you think I have the basis for a claim if I need to go that far. I have evidence of the original job vacancy description/requirements as where no travel requirement is mentioned and evidence of them acknowledging I told them of my disability and reasonable adjustments. Do they need to evidence anything? For example do they have to evidence what they have attempted to do to meet adjustments or provide evidence, rationale as to how they came to conclusion that not possible to meet adjustment.
Ben Jones : In a claim it is generally for the employer to show that they has not discriminated against you or not unreasonable failed to make reasonable adjustments. So yes they would need to show what they had done to try and discharge their legal obligations and they would need to provide evidence to that effect. So whether you have a valid claim would depend on what they manage to provide as evidence and if they can justify their actions, to determine prospects of success though you would need to see a solicitor in person so they can conduct a formal case analysis, on here this is not really possible as we only have very limited information and this is really a Q&A service more than anything else
hi I am happy to close question now and rate service as good.
Ben Jones : Thanks, ***** ***** best