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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50483
Experience:  Qualified Solicitor
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I am disabled and in a wheelchair I work for the council and

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I am disabled and in a wheelchair I work for the council and they closed the offices I used to work in and I cannot get into the new one until work is done, they were aware of me and my wheel chair.
I had to try a building today which took me half hour to get it because had to wheel up ramps and roads to get in. this is the council am I being treated fairly.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So what was your employer's response when you raised this issue with them? Also, how long have you worked for them for?

Customer: replied 3 months ago.
8 years . they aware 2 years ago this was going to happen, been working from since November, also not got told today that the asbestos in the building is not being removed. this is the council who I thought looked after people like me. keep getting told it getting done but I this expectable.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 3 months ago.
1. am i being discriminated against
2. no reasonable adjustments made a cannot get in bldg.
3. tried new office but parking and ramps and road a issue.
4. felt stressed because I want to work but no consideration, well not enough to get the job done.

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.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and 4 other Law Specialists are ready to help you

Thank you. Initially you should consider raising a formal grievance internally in order to complain about this. If the grievance does not resolve the issues you can consider making a formal disability discrimination claim in the employment tribunal (it is free, which makes it relatively low risk).

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####