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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49789
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, I have worked major bank years. I have

Customer Question

I have worked for a major bank for 3 years.
I have Crohns disease and b12 dificemcy...
My old manager always took this into consideration so my sickness was never put into my end of year review.
This year I have a new boss.... He said because my sickness is 7% then it's efeected my bonus and pay rise.
My sickness has never been so low.
Also when I mentioned that's its my Crohns, he said that's didn't matter and any further illness will effect my job role.
I've been so upset? Ive raised a HR GRIVIENCE but it's been 3 weeks now and no reply?
Where do I stand?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you had a grievance meeting yet?
JACUSTOMER-6j42y87r- : No, nothing at all.
JACUSTOMER-6j42y87r- : I raised a concerted immediently the day after, I was so upset I didn't eat or sleep for 5 days and had to go to see my doctor who has now prescribed anti depressants and sleeping tablets. I have never been made to feel so terrible over my condition and now I've been waiting for nearly 4 weeks as the HR DEPARTMENT is overseas
JACUSTOMER-6j42y87r- : I have explained my concern with my manager and explained to upset this has caused and he said that there is nothing he can do to change his opinion.
JACUSTOMER-6j42y87r- : i questioned if it was a concern why has this never been mentioned... And why have I had no bank to work interviews?
JACUSTOMER-6j42y87r- : he replied this - I should of requested occupational health myself?
JACUSTOMER-6j42y87r- : he is well aware of my medical conditions.
JACUSTOMER-6j42y87r- : I would of taken this to my section manager but unfortunately he is off sick at the moment. I have advised my manager that I have had to raise this as a grivience. He then went to say even if it wasn't my illness then I would be marked as weak anyway in my performance.... Although it's document that my performance is good and I havenonly been marked down as weak for my disability. So know I feel he has lied to my face to cover up the major mistake he has done..... Which this has upset me even more.
Ben Jones :

Thanks for your patience and sorry I could not get back to you sooner. It is highly likely that the employer has not acted reasonably or even according to their legal obligations. You will have certain protection in these circumstances due to your medical conditions as you will most likely be classified as disabled under UK law.

In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.

The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down:

  • Physical or mental impairment – this can include nearly any medical condition;

  • Substantial effect – the effect must be more than minor or trivial;

  • Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;

  • Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)

If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:

  • 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.

It is not for you to request Occupational Health – this is the employer’s responsibility as soon as they are aware of your conditions and that they may affect our work. The same applies to making the reasonable adjustments mentioned above.

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, which you have done so I suggest you follow that up. 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).

Hope this clarifies your position? If you could please let me know that would be great, thank you