zero sick pay and Employment tribunal help

witsend10

Hi, I am disabled and have been told that I am covered under the equality act. I have been off work for over a year now and am on zero pay. 11 months ago I got a fit note with adjustments which so far the employer has refused to make so I have been unable to go back to work.
I dropped to half pay and eventually to zero pay and now they are saying that maybe after september sometime they can get me back and might consider the adjustments.
My question is, how long can an employer keep me on zero pay when I have had a fit note for 11 months that only requires minor changes?
Also, I have submitted an et1 for discrimination for failing to make the adjustments, if there are further discriminatory events that occur after the ET1 is submitted, are they encompassed under the first et1 or do I either need to make another ET1 or can I add to the original?
thanks for any help

Torry_Quine

They are only recommendations and an employer isn't legally obliged to meet them. Are you getting ESA?

witsend10

Thanks for the speedy reply, no I am not getting anything, I dont qualify for esa as I am fit for work.
Its hard without telling the whole story, which I don't want to do because of the tribunal, but I am basically certified as fit to work anywhere in the company but not the job that I was temporarily placed in.
I have been before a panel to be dismissed but they went against my boss and told him that he had to place me somewhere else at least temporarily, but he didnt and now states that it wasnt even said.

Undervalued

Torry_Quine wrote: »

They are only recommendations and an employer isn't legally obliged to meet them. Are you getting ESA?

Not quite......

If the OP has a disability (for employment law purposes) then the employer IS obliged to make reasonable adjustments.

The situation you are thinking of is where an employee is simply off sick (i.e without a disability). Under those circumstance they can ignore any recommendations and treat the person as sick.

OP, I would strongly suggest you post this question on redundancyforum.co.uk where you will almost certainly get a response from a highly experienced retired barrister who specialises in employment law.

That forum was down for a week or so but now seems to be working again (although a bit quiet).

witsend10

Thanks for that, I appreciate it. am I ok to post it twice?

Undervalued

witsend10 wrote: »

Thanks for that, I appreciate it. am I ok to post it twice?

Yes, it is a different website / organisation. (I don't mean the redundancy section on here!)

witsend10

Undervalued wrote: »

Yes, it is a different website / organisation. (I don't mean the redundancy section on here!)

ooops I thought you did so thats where I posted it.
just saw the web page, thanks so much for your help!

Undervalued

Here....

https://www.redundancyforum.co.uk

Torry_Quine

Undervalued wrote: »

Not quite......

If the OP has a disability (for employment law purposes) then the employer IS obliged to make reasonable adjustments.

The situation you are thinking of is where an employee is simply off sick (i.e without a disability). Under those circumstance they can ignore any recommendations and treat the person as sick.

OP, I would strongly suggest you post this question on redundancyforum.co.uk where you will almost certainly get a response from a highly experienced retired barrister who specialises in employment law.

That forum was down for a week or so but now seems to be working again (although a bit quiet).

Thanks for that information. I suppose it comes down to what are reasonable adjustments

Undervalued

Torry_Quine wrote: »

I suppose it comes down to what are reasonable adjustments

Indeed it does and that is what keeps lawyers in business!

As a general thing, a tribunal will expect more of a large organisation than a small family firm to meet the reasonableness test.

witsend10

Have tried to sign up for the redundancy forum but haven't been able to activate as yet so can't post on there.

If anyone on this forum has any advice they can offer then I would be very grateful as I am near breaking point financially. I have lost just about everything and our home is next.
I cannot resign because then I have made myself deliberately jobless, if I work elsewhere part time to feed my family, then I can be sacked and again have caused myself to be jobless but I cannot claim benefits as I am technically still in work.
My family are reliant on the local food bank, I have applied to and been offered interviews at other jobs, only for the reference to let me down, (my employer wont supply one) so my family and I are stuck in this terrible situation.
Any advice very gladly received.