Thanks for your patience. As you appear to be aware, if you are disabled, your employer will have a legal duty to ensure that you are not treated detrimentally because of th disability or placed at a disadvantage when compared to non-disabled workers. In addition the employer will have a strict duty to make reasonable adjustments.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:
· 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
Whilst they may not have been necessarily able to ensure that you have sufficient access to the new office in time for when they moved, they could have done something else instead. This could have included allowing you to work from home, in a other office or simply putting you on a form of garden leave, where you are not expected to come into work but still get paid.
So it is indeed likely that the employer has discriminated against you in the circumstances an you can consider taking it further.
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