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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61718
Experience:  Qualified Solicitor
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Can I legally request voluntary redundancy on medical

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Can I legally request voluntary redundancy on medical reasons when my employer has changed the circumstances of my job?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Yes with HR but it got passed on to someone else who said no redundancy,but i am physically not able to do what they expect
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a post office supervisor and don’t belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just to be told if I am able to request voluntary redundancy or do I have to for down the line and retire early

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How was the job changed?

Customer: replied 9 days ago.
I am a post office supervisor and was working in a fortress,which allowed me to sit and stand as needed but now the fortress is open less hours and I am expected to to work on an open position and when not serving I have to fill shelves and other shop floor duties or be on the shop floor all day standing. My doctor has given me a fit note stating no excessive standing, due to arthritis but I am still expected to do this

Thank you. This is not a redundancy situation so you are unlikely to be able to ask the employer for VR (I mean you can ask but they are certainly not required to oblige). Your options would therefore be to try and argue that you have a disability under law and that the employer is required to make reasonable adjustments to assist you.

 

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

 

You can advise them that failure to make the necessary adjustments could amount to disability discrimination .

 

The alternative would indeed be leaving through early retirement.

 

Does this answer your query?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 9 days ago.
Yes thank you very much for your help

All the best