Hi there, sorry I was back in court by the time you had replied. I would agree that it is likely you have been discriminated on grounds of disability, which your condition could amount to. Many people believe that disability only covers physical conditions, but mental ones are included as well, so long as they are serious enough. I would argue that you did have a disability based on the length you have had this and how it affects you overall.
When someone is disabled the employer has a strict legal duty to make reasonable adjustments, if they are likely to be placed at a disadvantage when compared to non-disabled employees.
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
You should not be required to submit a flexible working request - the employer should be proactive in making the necessary adjustments automatically, without such a formal request being made. Their failure to make or even consider making these could make their actions discriminatory and allow you to potentially take it further if necessary.
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