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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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My line manager informed me yesterday that I will recieve a

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My line manager informed me yesterday that I will recieve a letter warning me that I must improve. I have been struggling with him with alot of witchhunting for wrong doing on my part, since a new senior manager came in. Unfortunately i have had some personal problems. I have been a little unstable on my feet due to disability. I fell at work twice when i ot trapped in electric cables as i rushed in a trianing room, They had requested for nedical evidence of effect of my disability and future prognosis event though I had worked there for 18 years. i have never been offered any support or adjustment .
I know that the occupational health assessment was not in their favour. they now want to drop this and informed me they will put me on "must improve period of time". They say they are trying to determine when this will begin as they know I am going through difficult time right now.
1) is my employer right to say that my problem is not theirs and I am expected to work under the same condition as others no matter what? I work at home on a thurs day due to my medical appointments at regular clinic. This was agreed with prevous mamanger. The current manager does not agree and I have not attended clinic since. I started again last week as I have begun to feel effect of stopping the theraphy and took it as A/L as advised by my line manager.
2) can I ask for my work pattern be reviewed? they have refused me all the time I had asked, though they have alternative work pattern. A number of people work different pattern but I have been refused.
3) It looks like they are determined to dismiss me but looking for a valid basis to be my fault. I don't believe I could do anything right and are trying to set trap.
4) I am suffering considerable stress from this now, and worried sick of this treatment and i finding it increasingly difficult to work effectively. Wht would you advise to do?
6) if i take early retirement from work due to this whay should i ask my employer to compensate? My line manager mentioned off the record as he put it if i could consider this, just before all the issue stated.
5) I am in the union. will they be able to help?
Ben Jones
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. You say this is due to a disability, can I have brief details of that please?
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Customer: replied 2 years ago.

I suffer a disability since age of 5 due to reaction to polio vaccine and have a weak right side. I also walk with a limp and have a shortened right leg. Take weekly physio/exercise session to maintain strength on the side as recommented by my specialist for many years now. I suffer dully pain and cramping more regularly and increased risk of falling if i don't keep with my therapy.

Previous manager allowed me to attend this weekly session and work at home after. The new manager would not. He would not also authorise the renewal of use of car scheme at work. My work involves considerable travels. he demanded for an occupational health report whcih was not in his favour. they recommended that he should immediately allow me time for this session. I have been asked to book the sessions as annual leave. he has now said that he has problems with my work and they will set me tasks to do during must improve period.

I am thinking there could be a better solution for my disability and I am exploring improvement as i have suffered a number of misfortunes now based on exploitation of my disability as reason for the hostile treatment of me both at work and in my personal life.

Thank you
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
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Customer: replied 2 years ago.

ok! many thanks & regards
thank you I will get back to you later this afternoon regards.
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Many thanks for your patience. To answer your questions:
1) No it is not right they have said that. They owe you a duty of care under health and safety regulations and also your disability will give you certain rights, such as a duty by the employer to make reasonable adjustments.
2) Yes you can. As mentioned above the employer will have a duty to make reasonable adjustments if you suffer from a 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:
• 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.
3) that may be the case but they cannot just go ahead and dismiss you and it would be a lengthy process if it was to be done fairly. Whether a capability dismissal is fair will depend on the particular circumstances and the procedure that was followed. The employer needs to show they had reasonable grounds to believe that the employee was incapable of performing their job and that nothing further could be done to assist them. In the end they need to show that dismissal was a reasonable decision to take. The courts have held that an important consideration is whether any reasonable employer would have waited longer in the circumstances before dismissing the employee.
4) In the first instance a grievance is the preferred method of dealing with this. It is a formal internal complaint and the employer is required to investigate it and try to resolve it. If you are not satisfied with the outcome you could appeal.
5) Yes that is indeed possible but you cannot force them to do so. However, you can negotiate and try to agree on something that would suit both, especially if you make it clear that you reserve your options to take legal action on grounds of discrimination if they appear to treat you unfairly and discriminate against you. That may prompt them to reconsider their position.
6) That is what they are there for. Use them as much as you can, they can help to an extent and support you but only they can advise how exactly.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
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Customer: replied 2 years ago.

Hello

I am sorry I have not responded. I read your reply above and following day stared to have issues again at work which has sent me rather low.

The outcome of the medical assessment does not seem to suit my boss's aim amd goal to achieve. The report recommended that reasonable adjustment should be be made. I have been told verbally that I should now forget about the medical report and they will a line under now. Their is no menssining of adjustment to be made. He said I would receive a letter (just like last time, which I did not) and I will be asked to attend a meeting and I could bring someone with me eg a union rep. He said they are likely to set me a set of work to be monitred for 1month and decision would be made on that basis.

They cannot just ignore the medical report especially if it stated that adjustments should be made. It appears that the employer is discriminating against you so in the first instance you should consider going down the grievance route to remind them of their duties and try to resolve this. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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Customer: replied 2 years ago.

Thank you for your previous advice. It was very helpful.

As I deteriorated quite considerably during stoppage of attendance of my medical clinic appointment and I struggle to recover- the pressure from my emplyer to put me through "must improve" period of assessment without addressing the reasonable adjustment to help me has led to considerable distress and unbearable level of stress. I have to see my GP, he instisted on signing me off with a sick note for 2 weeks, he would review this next week. I am so worried this will further count against me so I refused the initial 4 weeks he wanted me off. I see my GP next week and I am worried he might tell me am not fit for work as I am not sleeping well due to worry about the way the workplace is treating me. A vicious circle that I need to address.

1) I want to ask for reasonable adjustment around my working time and have these implimented before putting me on formal period of "must improve". Issue he ahs raised relates to an incident of not meeting one deadline in the past due to medical emergency coupled with IT problem. All my good work did not seem count. Is it reasonable to ask formally as he wouldnot come up with it ans has verbaly told me he would not consider this?

2) to be effective, I need to work from home on the 2 days that I attend clinic. This will save me alot of travelling time between work and clinic which takes 1hr 15min each way when my home is just 20min away and better set up for working as I have adequate adjustments, and will reduce stress due to traffic. Due to the nature of the treatment - orthopeadic physiotherapy, I am a bit tired after treatment and need about 30min to regroup and settle. Is it reasonable to ask for this? I know colleagues who have not got my problem who regularly work from home.

3) I do not understand why my boss is not keen to attach my medical report that recommends reasonable adjustment be made to the system that informs HR. I asked what he would do with the report he said, he'd drawn line under it as he only wants to know if i do indeed attend the regilar clinic. He seems to potrsy me as malingering or lying. How do I deal with this? Do I have to formally request that the report should me made available to HR and the organisation to inform me how they will address the issue of reasonable adjustment.?

4) do you think I need to get an employemet lawyer to write to my organisation about this?
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks
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Customer: replied 2 years ago.

ok thanks
No problem will wait to hear from you separately
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