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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74428
Experience:  Qualified Solicitor
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Thanks, My line manager has placed me on a capability

Customer Question

thanks, ***** ***** manager has placed me on a capability performance process. There has been ongoing issues with her since September 2019. I have suffered with anxiety and stress for over 8 years. Had an episode in August 2019, which I made her aware of and was told to pick myself up. I was signed of in October, had no return to work, just a telling off, an informal although didnt know it was informal PDP, and now on Capability
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I've been here less than 2 years.... I am HR
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee, and yes belong to Unite
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I've not had really any support no additional training, the meetings weree not overly conducive and when I call to speak to her, she tries to get me off the phone. Just need advice
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

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.

Expert:  Ben Jones replied 1 year ago.

When exactly did you start?

Customer: replied 1 year ago.
of course, HI Ben
Customer: replied 1 year ago.
April 1, 2019
Customer: replied 1 year ago.
Are you still there?
Expert:  Ben Jones replied 1 year ago.

Thank you. What do you specifically want to know about this, please?

Customer: replied 1 year ago.
I have had some mental health issues in the past which I have made them aware of. My most recent was due in part to her and to stress. Can she use this against me
Expert:  Ben Jones replied 1 year ago.

The short answer is no, she should not. The employer does not appear to be supportive in the circumstances and considering you are likely to be deemed disabled under employment law, the are also failing in their duties in relation to that.

From a legal perspective, disability can have a broad meaning from a legal perspective and there is no single list of medical conditions that qualify. Potentially anything can amount to a disability if it meets the required criteria.

The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down and examine it in more detail:

  • Physical or mental impairment – this can include nearly any medical condition, be it physical or mental
  • Substantial effect – the effect must be more than minor or trivial
  • Long-term - the impairment must either have lasted or be likely to last for at least 12 months
  • Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities)

If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination. This 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 first step to deal with this would be to raise a formal grievance using the employer’s own grievance procedure. If a claim in the employment tribunal is considered it must be made within 3 months of the date of the alleged discriminatory act taking place.

Does this answer your query?

Expert:  Ben Jones replied 1 year ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you