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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50178
Experience:  Qualified Solicitor
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I have been off work months due to stress and fibromyalgia

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I have been off work for 9 months due to stress and fibromyalgia I have been disabled for some years and between 2013-2014 I was over worked. I worked 30hrs per week and had a larger case load than full time workers. I felt unwell so my doctor sent a referral to hospital for me to be seen. I was diagnosed with fibromyalgia. I updated the person who was managing me at that time. a telephone health assessment was carried out. I was not updated with the outcome of this assessment but have now found out that they did not put the measurements I required in place. due to this action and the stress I was under I had to stop working for the time being. I have been told this organisation has breeched the equalities act but they are saying they did not have time to make the adjustments. I have had issues with this manager for some time and this had caused me to attend my doctor as my stress levels caused me to be anxious and have pains in my chest. workers witnessed this. I was diagnosed in June and continued to work until 18th August. They received the health assessment very early July. I had asked for a compromise agreement as I felt this damaged my health and I could not continue to work. After many months they gave me an offer of 5600 and asked me to resign and not take part in the investigation they now have to carry out. 3 workers were off with work related stress at this time, same manager.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What would you like to know about your situation please?

I have been offered money to resign. I have said no to this compromise as I felt the offer was not enough. I would like to know if they have breeched the equalities act and what action should I take if they have.


I am unable to see my answer

Ben Jones :

If a person is 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.

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 employer’s defence that they just did not have time to make the adjustments is very weak and that is unlikely to wash with any tribunal. This is a strict duty and this is not a reasonable excuse. So the potential for claiming disability discrimination does exist. If you reject the compromise agreement then you can instead consider making a claim for discrimination in the employment tribunal. At any point during the claims process you can agree a new settlement with the employer, should a reasonable offer be proposed.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Hello, I see you have accessed and read my answer 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? I just need to know whether you need further help or if I can close the question? Thank you
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