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Not ill, - just waiting for reasonable adjustments

RSISolutions
RSISolutions Member Posts: 113 Courageous

Consider a newly disabled employee who is in full-time paid employment. Staff.

This person has asked his employer for reasonable adjustments, however his employer is taking too much time to implement them or refusing. He is not really sure which one. Now he is off work waiting for adjustments. He is not ill. 

The employee needs to be paid as he has a mortgage and bills. However since he is not ill he cannot fill out a sickness self certificate.

Now he has been off work for more than 7 days. His employers request a fitness for work certificate from his doctor. However since he is not ill and capable of working with adjustments, what should the Doctor's certificate say? Should he even ask for one?

He decides to raise grievances. However reasonable adjustments continue not to be implemented.

The employee is in difficult situation. What should he do? Should he ask for a doctors note stating "could work with reasonable adjustments"? What if the doctor refuses to do this? He is not an occupational health doctor after all.

The employer decides to send the employee to see an occupational health doctor. Meanwhile since the employee is not ill, what does he do? How does he continue to be paid if he is not actually ill?

Has anybody had experience of this?

Comments

  • Markmywords
    Markmywords Member Posts: 419 Pioneering
    The employer is trying to make life so unpleasant that the employee quits.

    A letter needs to be written to the employer stating that they are preventing the employee from carrying out his duties by failing to comply with the Equalities Act.

    There is a strong case to take to an Employment Tribunal but what would that achieve? The unlawfully withheld back pay would be recovered but then they would be marked as a "troublemaker."
  • foxuk
    foxuk Member Posts: 100 Pioneering
    Necessary equipment was my downfall - got the job but both myself and my prospective employer were told that it would be at least six months for things to be sorted. We both apologised and parted on good terms. The fat cat civil servants raked in their pieces of silver and continued live off our backs.

    With your situation it all hangs on what is 'reasonable'. Even with an unbiased tribunal it would be rolling the dice. What is reasonable to Microsoft may bankrupt a small business.

    I took a disability charity to tribunal a few years ago and they hid behind the 20 employee rule (now changed???). Really sick as they were the main campaigners to have the restriction removed.

    I think in the end it's a case of either being lucky or just making the best we can of benefits.  
  • Markmywords
    Markmywords Member Posts: 419 Pioneering
    If the hypothetical person were to do nothing then they would just go broke and fall into destitution.

    Quitting would result in ineligibility for employment benefits for some time.

    While "reasonable" is a relative term, going silent and withholding wages and benefits from a willing employee is unlawful.

    I suggest contacting ACAS immediately telling them all the details. A Settlement Agreement might be worth considering too. ACAS can help with that.

    Calling ACAS is also the required first step in a Tribunal application. This would really focus the mind of the employer who may have stopping listening to the employee. A tribunal case is cost free again as the government's fee was ruled unlawful last year.

    There is no "20 employee" limit in the Equality Act 2010. That relates to redundancy arrangements.

    If it were to "go legal" then getting an appropriate lawyer would be very wise.
  • jamie1965
    jamie1965 Member Posts: 85 Courageous
    I work for a very large company and when I had to wait for a specialist chair and desk they sent me home first they tried to mark me as sick then I got the union involved who made them aware that they have a duty of care to there staff not just there customers and that I was willing to work but they kept sending me home and saying it was sickness when it wasn’t I asked for alternative duties that I could perform while waiting for chair and desk this was refused eventually was taken into a meeting where they tried to give me a warning for not being in work when I was not sick we appealed this and this was over turned but due to it going so far the manager was put on a training course for his actions and the chair and desk where ordered again and came within 2 weeks funny that the sick days where removed from my record and was paid in full if the equipment is needed for you to carry out your job so your health does not suffer if it is a reasonable adjustment and would not cause your company financial hardship they have to provide it simple as that the only thing you really need to worry about is can your work place afford what your asking for one thing I would say if anyone at work wants to speak to you about the situation then make them put any questions in written so you have a full evidence should you need it and don’t let any one pull you into a conversation by yourself tell them politely due to the situation you would like some one to witness the conversation you are perfectly within your right to do so 

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