Ask a Law Question, Get an Answer ASAP!
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
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:
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