4 weeks notice at work but I'm ill

SarEl

intandem wrote: »

The legal definition of a disability is an impairment that may last up to 12 months. So any ill health or condition which may limit her ability to undertake everyday tasks for this duration may be a disability.

If the poster is disabled (or even percieved to be disabled) and she has felt forced out of her job, she may be able to make an informed decision about what her next move is.

No. It isn't. The legal definition of a disability is an impairment which has lasted 12 months or which is very likely to last 12 months or longer and which has a substantial impact on normal day to day activities. "Up to 12 months" doesn't come into it - because "up to 12 months" isn't a disability. The test is the 12 months or longer. Either in reality or prognosis - not "up to" anything.

You still haven't explained what a "tantamount" is - the definition is actually very clear (although not the one you have used) and tantamount to nothing
.
And her car accident was a few weeks ago and she has hurt her back - not really long-lasting or substantial yet is it, and nor could a prognosis of this be made. No doubt as an employment lawyer - sorry, but you haven't yet clarified what kind of employment lawyer you are - you will be aware of the near impossibility of confirming any form of back pain, no matter how substantial, as a disability in the short term precisely because of the impossible task of determining a clear prognosis.

intandem

If her GP states that the OP is unable to undertake her duties at work due to any physical impairment and may be unable to work in her role for a substantial amount of time (12 months or longer - whatever the definition is) then she may be labelled as 'disabled'. If that is the case, she should raise it with her employer and see what there next move is.

Is that not right?

Or would anyone suggest a different route (assuming that the OP wants to remain in a job if reasonable adjustments can be made).

SarEl

intandem wrote: »

If her GP states that the OP is unable to undertake her duties at work due to any physical impairment and may be unable to work in her role for a substantial amount of time (12 months or longer - whatever the definition is) then she may be labelled as 'disabled'. If that is the case, she should raise it with her employer and see what there next move is.

Is that not right?

Or would anyone suggest a different route (assuming that the OP wants to remain in a job if reasonable adjustments can be made).

Ah - you have found the mistakes now have you? And no - that is not right, but I don't have time to give you lessons in the law.

intandem

I would like a lesson in the law as I want to understand what is the safest and best course of action for the OP.


What is your preferred course of action for the OP?

tomjonesrules

intandem wrote: »

I would like a lesson in the law as I want to understand what is the safest and best course of action for the OP.


What is your preferred course of action for the OP?

Could you clarify what your role is please? Your "advice" does not appear to be that of an employment law specialist.

intandem

No? Why not? What would an employment Specialist advise?

tomjonesrules

intandem wrote: »

No? Why not? What would an employment Specialist advise?

In other posts you have stated:

intandem wrote: »

FYI I am a qualified Employment Lawyer.

intandem wrote: »

n.b. I am qualified employment lawyer.

Have you become unqualified in the meantime?

intandem

I was referring to your use of the phrase ('specialist')

I repeat - what would a qualified employment lawer/specialist/barrister advise?


I am sure that anything that can help the OP needs to be posted now as time is off the essence for Roses-babe for she needs to make a decision on the best way to proceed.

tomjonesrules

intandem wrote: »

I was referring to your use of the phrase ('specialist')

I repeat - what would a qualified employment lawer/specialist/barrister advise?


I am sure that anything that can help the OP needs to be posted now as time is off the essence for Roses-babe for she needs to make a decision on the best way to proceed.

As you claim to be a qualified employment lawyer, what would you advise? Or are you now claiming not to be one?

Emmzi

intandem wrote: »

If her GP states that the OP is unable to undertake her duties at work due to any physical impairment and may be unable to work in her role for a substantial amount of time (12 months or longer - whatever the definition is) then she may be labelled as 'disabled'.

I'm disabled.

They don't make us wear labels. They don't keep a register any more. It's quite nice, being treated like a normal person most of the time.

Can you watch the language please? Stuff like "be afforded protection under the Equality Act" is helpful. "Labelled" really isn't.

Ta ever so!