How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50179
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now
This answer was rated:

good morning i work for a dutch

good morning i work for... Show More

good morning i work for a dutch transport company on a english contract i pay uk tax & ni i live in uk i have worked for this company for just over 10 years as a international truck driver 1year ago i was told i have a hyetas hernia and enthasyma im am on medecation for this i ask the to change my work pattern which they agreed & went from perminent nights to one week nights one week of days this was ok till i realized then medication im on affected my sleep pattern so ask to go onto day work which after a few weeks they agreed the first few weeks was good hours the i had 2 weeks holiday then they ask me to take another week then the 4th week they did not have work for me till tuesday since then my hours seem to be getting less &less i work 2 weeks away with a 24hr break after the first 6 days but this is now turning into 30 or 36 hours off then on weekend at home i have to have 66 hrs off to make up my 24 to 45 hrs driver law requirements which mean i cannot start till 13.00 on a monday but they say there is no work to start at this time so it will be a tuesday start which means i loose hrs for monday and i know there is work starting at this time of day as i have done this work before in the past this is now making me sick with worry on if i will earn enough to pay my mortgage and other living costs im in a situation were i cannot afford to be out of work or i will loose my home wat do i do ? regards ***** *****

Show Less
Ask Your Own Law Question
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you asked them why they are not giving you the work that you know exists?
Customer reply replied 3 years ago.

yes they know that i know this work is available but they will allucate the work to a sub contract driver as they work at a cheaper rate than we get paid it seems to me this is being done to make me leave of my own accord they tell me there is no work

Your rights will very much depend on whether your condition can be classified as a disability, which could be likely in this case. 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:
a) Physical or mental impairment – this can include nearly any medical condition;
b) Substantial effect – the effect must be more than minor or trivial;
c) Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
d) 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.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:
- 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.
So if the work that would be most appropriate for you to do in order to alleviate the effects of your condition exists the employer should allocate it to you. They may argue that the reason they cannot do so is because they use contractors on a cheaper rate but cost alone will not be sufficient to justify that so you should be given this work if it is available.
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).
Hope this clarifies your position?
Customer reply replied 3 years ago.

hello ben im not classed as disable because i had a letter from my doctor saying that my condiction does

not affect my abillity to do all aspects of my job and also a letter say that the medication causes insomnia and other sleep side affects with a request to put me on day work because of this and day time air is easier to breath than cold damp night air to which they agreed

If that is the case then you won't have protection against discrimination unfortunately, so pursuing this will not be as easy. The employer would not have to provide you with the work in question because there is no requirement on them to make reasonable adjustments so it will not be as strictly regulated as in a disability situation. You may still pursue this internally tho, the grievance route is always an option for you