Disability and employment question

stefano

I have suffered a serious road traffic accident, and have been left with badly injured lower limbs, which will affect my ability to walk and stand for long periods. I may need to use a walking stick for standing and walking for reasonable periods. My question is: can the employer adjust my duties and pay because of my disability? I need to specify that my job is within the hospitality industry, restaurant to be precise.
I have read the DDA.
Your help and feedback will be greatly appreciated.

Indie_Kid

Can you do your normal duties?

stefano

I will be able to do my normal duties, but I may have to face the customers with a heavy limp and holding a walking stick

dmg24

stefano wrote: »

I will be able to do my normal duties, but I may have to face the customers with a heavy limp and holding a walking stick

Without knowing the details of your condition, I would question the health and safety implications of you being unstable on your feet in a restaurant environment. Do you need to carry items as part of your role?

The DDA requires an employer to make reasonable adaptations. Can you safely fulfil your current role with reasonable adaptations?

stefano

I will not need to carry anything, mainly because I manage the place. I am currently uneasy on my feet, and I am aware the employer will or may have to make reasonable adjustments to the environment, but can the employer adjust my duties and pay because of my disability?

dmg24

stefano wrote: »

I will not need to carry anything, mainly because I manage the place. I am currently uneasy on my feet, and I am aware the employer will or may have to make reasonable adjustments to the environment, but can the employer adjust my duties and pay because of my disability?

They can if they feel that you are a health and safety risk. I would suggest both an Occupational Health Assessment and a Risk Assessment is carried out so that an informed opinion can be sought.

I would suggest that anyone working in a busy restaurant (and visiting the kitchen area) whilst using a stick would be a risk to yourself and others. But that is only a general opinion, as it is impossible to be more definitive without seeing your work environment.

Savvy_Sue

I'm not an expert, but if you're really asking "Can my employer demote me because I'm disabled?" then I think the answer is "Not because you're disabled, however if you can't do your previous job safely, but there is another job you could do safely, then they can offer to change your contract and your pay would reflect the rate due for the different job."

Moving on from that, you don't have to accept that new contract, in which case they could terminate your employment. You wouldn't be made redundant, because your job is still there, it's just that you can't do it any more and you don't want to do the alternative offered.

I think it's up to you to consider how you could do your original job, what adjustments you'd need, and how that would work. For example, if you used to stand near the door and greet customers, would it work if you were sat near the door? Or would the length of time needed to rise and greet people be offputting to them?

stefano

So far, all your answershave been reasonable. I guess I am scared that I may not be able to support my family as much as I used to before this terrible accident happened 9 months ago.

LittleTinker

If you were in an accident and it was caused by someone else you could claim compensation against the loss of your job anyway, which would give you enough money to allow you to find another job.

If it happened 9 months ago, have you not been working in the last 9 months?

Oh, and yes, your employer can adjust your duties and pay if you can no longer perform your role in accordance with health and safety.

stefano

LittleTinker wrote: »

If you were in an accident and it was caused by someone else you could claim compensation against the loss of your job anyway, which would give you enough money to allow you to find another job.

Claiming compensation is looking to be a tricky thing, as the Police laid no blame.

LittleTinker wrote: »

If it happened 9 months ago, have you not been working in the last 9 months?

I have not been working since my accident.

LittleTinker wrote: »

Oh, and yes, your employer can adjust your duties and pay if you can no longer perform your role in accordance with health and safety.

This is scary, as I will be worse off.

sunnyone

The police saying there is no blame is not the same as it isnt anyones fault for compensation matters because the civil and criminal courts work on diffrent levels of guilt, I would see a soliciter to make sure that you cant claim for the accident.