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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6428
Experience:  15 years experience of advising on employment law matters
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hello there,my daughter has a definitive diagnosis from a

Customer Question

hello there, my daughter has a definitive diagnosis from a consultant rheumatologist and a pain consultant for fibromyalgia. she is 28 and is in full time work as a recruitment consultant. she is excellent at her job and exceeds all targets every month. The issue is her immediate Director seems to dismiss her medical condition, has made no attempt to provide basic "asks" like a phone head set, a decent chair or footrest. She also makes unsuitable remarks in the open office in front of many, to belittle my daughter. There has been numerous occasions where she has made "light" or "fun" of my daughters medical issues. Fibromyalgia is an issue as you look well on the outside but are in varying levels of chronic pain 24/7. It is a very real condition, NOT psychological in any way. I also have the condition, and as a retired State Registered Nurse have detailed information on the condition. The bullying that is going on in subtle or other ways, are beginning to wear my daughter down. What are her legal rights as an employee for this to stop? I have asked her to start keeping a detailed log of events both from to date and retrospectively. Please can you assist us on the law as regards ***** ***** and tell us what her rights are. Thank you Susan Key

Submitted: 3 years ago.
Category: Employment Law
Expert:  Shantal-Mod replied 3 years ago.
Hello Susan,
I'm Shantal and I'm a moderator for this topic.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I was checking to see if you had already found your answer or if you still need assistance from one of the Professionals.
Please let me know if you wish to continue waiting or if you would like for us to close your question?
Thank you,
Expert:  taratill replied 3 years ago.
Hello my name is ***** ***** you based in the UK or the US?
Customer: replied 3 years ago.


my daughter and her work are based in the UK.

Expert:  taratill replied 3 years ago.
Hello it is possible that this condition amounts to a disability for the purposes of UK law. This will be the case if the condition is long term (which it is) and has a significant impact on her ability to carry out day to day activities, (not her job).
If she does consider that her condition is covered by this then there are 2 duties on the employer. The first is that the employer has a duty to make reasonable adjustments in the workplace to assist her to do her job, this could be by changing her hours of work , allowing addiitional rest breaks or modifying or purchasing new equipment.
If the employer fails to do this then they are in breach of the Equality Act and your daughter can raise a grievance or make an informal request for reasonable adjustments to be made.
In addition as a disabled employee she has a right not to be subjected to a detriment by reason of the disability, this will cover any bullying or harassment she has on the basis of her condiiton. This is unlawful and she should raise a grievance.
If nothing is done she can consider raising a claim.
If you have any further questions please do ask. If I have answered you question I would be grateful if you would take the time to rate my answer. Thank you and all the best.