work rights and reducing hours..

Richie-from-the-Boro

tomjonesrules wrote: »

You need to read up on the duty Richie - the duty applies even before the contractual employment relationship begins, as soon the employer becomes aware that there is an interested party. Both statute and case law are very clear on this point, and if that is too much for you, the Employment Code is a succinct guide to the legislation. Unless of course you can demonstrate otherwise?

With regard to knowledge and dismissal, if the employer was to instigate action after the OP had advised of their condition they would be obliged to take this into account and adjust accordingly.

- and you need to read up on ' reasonable adjustment ' as it is applied
- nothing personal tomjonesrules

We disagree on what is the workplace implementation of the what is ' reasonable adjustment ', and the subsequent case law on the subject.

Richie-from-the-Boro

cowiejaffacake wrote: »

I work for axa which are a company that support disability apparently??! They have been awarded the positive about am disabled people award...

- good that's why I said in #9 """I hope the O/P's employer is understanding or runs a Social Accounting Policy""

tomjonesrules

Richie-from-the-Boro wrote: »

"" fact that Richie's information was wrong, and hence needed to be corrected.""

- I have no intention of pursuing this my friend
- he is not an employee at that stage
- and has no [ enabler = Employment Protection] protection
- we will have to disagree and await the outcome
- I hope the O/P's employer is understanding or runs a Social Accounting Policy

Even if the O/P had disclosed and had not already broken the ' trust and confidence rule' and you were correct in your assumption. The employer only has to make reasonable adjustments which are primarily concerned with enabling a disabled person to remain in work or to return to work. There is no obligation or requirement reasonable or otherwise to offer light duties or educed hours as a form of rehabilitation.

Phased RTW does come under the rules of reasonable adjustment, that is where the work involved is productive work - once again rehabilitation work is not required as a reasonable adjustment.

Either way he told them his history at interview, and is protected in law, or did not disclose in which case terminating his employment can begin without recourse to the law. From that point providing the employer follows a fair and reasonable process to bring the employment to an end, and that the dismissal is 'fair' there can be no substantial claim against the employer.

As you are going to continue to spout nonsense without any evidence, I shall provide some.

Failure to disclose a disability is not a breach of contract, unless it meant that there was no reasonable possibility of them fulfilling the role. The OP believed that they could fulfil the role at the time of engagement, so this would not be relevant. Dismissal for this reason would amount to discrimination arising from disability (s. 15 EqA).

Light duties or reduced hours have both been found to be reasonable adjustments by the ET - Caen v. RBS and Mansoor v. SoSEE are examples of this. I can provide more if you wish?

tomjonesrules

Richie-from-the-Boro wrote: »

- and you need to read up on ' reasonable adjustment ' as it is applied
- nothing personal tomjonesrules

We disagree on what is the workplace implementation of the what is ' reasonable adjustment ', and the subsequent case law on the subject.

Please continue to provide this case law to support your position, as I have!

I am also waiting for you to elaborate on this qualifying period of time that you refer to?

tomjonesrules

cowiejaffacake wrote: »

I work for axa which are a company that support disability apparently??! They have been awarded the positive about am disabled people award...

You need to speak to them and see what they say. Do they have part time/ flexitime staff in your role at the moment?

hcb42

If they have received a positive award, and are a half decent employer then they should listen to a reasonable request for you to get back to the workforce. They have invested time and money in recruitment and training already. Of course they could just go the other way and insist they needed a FT with those hours etc, but that is not exactly the spirit of the award they have already achieved.

Good luck.

Savvy_Sue

I think my starting point would be to work out what I thought I could cope with - would 5 shorter days help, or would a 3 day week be as much as (or more than) you could cope with? Are there shift patterns already in place that you might be able to fit in with, or does everyone do the same hours?

OneYorkshireLass

cowiejaffacake wrote: »

I work for axa which are a company that support disability apparently??! They have been awarded the positive about am disabled people award...

A disability advisor at the JobCentre told me that companies pay to have that 'award'. I'm not sure if that's true though ....

Anyway, it didn't count for anything when it came to my 'reasonable' adjustments. My ex-employer did the bare minimum and went against advice from my GP and their own Occupational Health dept.