I have been off work months due to stress and fibromyalgia

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