Many thanks for your patience. Employers have certain duties, both under common law and statute, in relation to the health and safety of their employees. These duties can be summarised as follows:
· Under the Health and Safety at Work etc Act 1974 an employer has a general duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees.”
· Ensure that places of work under the employer's control are, so far as is reasonably practicable, safe for work and without risks to health
· Provide and maintain a safe working environment with adequate facilities and arrangements for welfare at work.
In addition, you will likely have protection under disability discrimination laws. Specifically, the employer will have a legal duty to introduce reasonable adjustments to help you.
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
If you wanted to pursue this further, you could consider raising a grievance to start with and after that it would be a case of making a claim of disability discrimination in the Employment Tribunal or resigning and claiming constructive dismissal .
Does this answer your query?