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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49806
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Past year at work i have always just taken my 30

Customer Question

For the past year at work i have always just taken my 30 minute lunch break whenever, usually late at roughly 4pm. (I work 9.30-5.30) and it has never caused an issue. I always ensure somebody covers me to man the phones etc, i work in an office full time,
been here 1 year and my lunch break is only 30 mins. A new manager has just started and she wants me to always take lunch at a set, earlier time (eg 1.30-2pm) which is just too early for me. I have a medical condition, Acid reflux and i get severe indegestionwhen
i eat... meaning if i have an early lunch i sit at my desk in pain as my stomach hurts! I love taking later lunches instead as it lets me eat and be in less pain for less time with indegestion. I have sent my manager an email saying how having lunch earlier
is unfair as it places me in pain, and under the 2010 equality act citizens advice told me an employer ''should make reasonable changes'' at work to help people with medical issues. Citizens advice said this is currently classified as a medical ''condition'
so under law, i have less rights than people with disabilities but if i visit my doctor and get it labelled a disability then i will have more rights. So I asked my manager and mentioned the law, that I shouldn't feel uncomfortable etc that the employer should
make reasonable adjustments. However, my manager STILL WONT let me take an earlier lunch so i have now threatened legal action. I told my manager If this situation cannot be resolved then I will again seek advice from my solicitor who alongside my GP will
classify this incident as a case of discrimination in the workplace. With reference to the Equality Act 2010 Guidance on disabilities, a disability would be classed as; ''Conditions with effects which recur only sporadically or for short periods can still
qualify as impairments for the purposes of the Act, in respect of the meaning of ‘long-term.’ (C5) ‘Some impairments with recurring or fluctuating effects may be less obvious in their impact on the individual concerned than is the case with other impairments
where the effects are more constant.’ (C6) Could you confirm do I have a right to chase this legally, as my severe acid reflux/indegestion causes me problems if I eat early? Should i say that if i go on early lunch, it will be *under protest*? Or should idamn
right refuse to take any early lunch that may make my condition worst? I am currently being prescribed medication for this condition. The manager uses the excuse of 'staffing' and she must 'hold meetings' in the afternoon preventing me from a late lunch but
I have worked there 1 year and not had a single complaint. She is a new manager and I dont know what to do? Thanks.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Is there anyone above her that you can raise this with?
Customer: replied 2 years ago.
Hello yes I have sent a letter to the HR manager who will sit down and talk to me next week formally. I want to know where I stand in the law. Taking an early lunch makes me feel in pain with indigestion, stomach cramps etc due to problems with acid and reflux in my stomach. I would like to be prepared for the meeting what should I say if they outright refuse to give me later lunches?
Expert:  Ben Jones replied 2 years ago.
To be protected under disability and equality laws you must be able to show that you meet the legal definition of a disability. 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. A reasonable adjustment in your case could easily be allowing you to take later lunches. 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. 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). I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 2 years ago.
Unfortunately I am unavailable for a phone call at present so please post any queries you have on here and I will deal with them, thanks
Expert:  Ben Jones replied 2 years ago.
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.