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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49816
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am being transferred with a number of colleagues to another

Customer Question

I am being transferred with a number of colleagues to another employer under TUPE. I have a mobility disability and my current employer lets me have a personal parking space near to the entrance to the work place and it is a building which I can access fairly easily (eg level access, lifts etc). I don't know anything about the likely work place which my new employer will require me to work. If it isn't accessible for me can I be made redundant or are they obliged to make the "reasonable adjustments" necessary? I would actually prefer redundancy and would like to know what my options would be.
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there please?

JACUSTOMER-dpu199j3- :

12 years.

Ben Jones :

OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Many thanks for your patience. If you have a disability and you need assistance with facilities, etc so that you can perform your job without any difficulties then your employer will have a duty to make reasonable adjustments. In your case your current employer has provided you with a dedicated parking space to reduce the adverse effects of your condition and assist you in the workplace. The new employer that takes you over will have the exact same responsibilities and they also must make reasonable adjustments. If you remain in the same workplace then your new employer will unlikely be able to justify that they can no longer provide you with the same adjustment. However, if you are required to move to a new location, what adjustments can be made will depend on the facilities available there and the reasonableness of any refusal. For example, if there are no parking spaces available close to the workplace and it is not possible to arrange for one or create one due to the layout, it could be possible for the employer to refuse to do this, although they must show that such a decision was reasonable and that no actual adjustments could be made.

If it is not possible for the employer to make such reasonable adjustments I am afraid that does not result in a redundancy. It simply means that the employer is not able to implement an adjustment you require but that does not equal redundancy. They would have to try and make other reasonable adjustments if they are required but in the end if nothing can be done and as a result you are unable to perform your job, they can consider dismissal on grounds of capability. Of course to be fair the employer needs to show that they had done all they can to try and assist you but that in the circumstances it was simply not possible to do anything else and there were no other options for you to do, like moving jobs, locations, etc. Bit a dismissal can eventually be fair and will not result in a redundancy, it just means they have to give you the contractual notice period you are due as well as any accrued holidays.

Saying that it is possible to try and negotiate a settlement agreement where they pay you off to leave and in return you agree not to make any claims against them in the future. So you still get some compensation and the whole affair is treated like a clean break. However, that is to be negotiated between you and the employer and there is no obligation on either party to enter into such an agreement.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much