Ill health and returning to work, where does my wife stand?

Lungboy

Solicitor gave her 2 options: sign the agreement, or take time to think it over and contact the company in light of his info regarding discrimination. I think the meeting this morning was done under the company's free intro session.

I think what it all boils down to is whether they should have offered her another post without her having to compete for it. The solicitor is of the opinion that they should and that would be a "reasonable adjustment" and that by not doing it they are discriminating, but I can't find anything in the Equality Act saying they have to do that, just that some companies might be able to do it.

polgara

A large organisation may be able to facilitate a redeployment to another post (not necessarily on the same salary) if there is one available but they may need to demonstrate that they have the ability to undertake the duties - they don't have to make up a role if one is not available or does not exists. Smaller organisations may not be able to facilitate that.

I assume that is why they have told her to go and think about it

Lungboy

Company has 1200 employees and ~£0.5Bil revenue a year, no idea if that indicates anything in particular about their ability to redeploy her though. She's applied for another post (rather than being given) within the company though that she's able and qualified to do but she hasn't even had an interview for it. She's already on their lowest grade for wage.

polgara

what is her current role and what is the one that she has applied for? Is it a promotion?

Lungboy

It's a promotion of 1 grade but she's easily qualified. She also applied for another job with them just after this all kicked off and that was the same grade as she's on now and again she was very qualified for the role but didn't even get an interview. Could it have been "reasonable" to give her that post?

ohreally

Lungboy wrote: »

It's a promotion of 1 grade but she's easily qualified. She also applied for another job with them just after this all kicked off and that was the same grade as she's on now and again she was very qualified for the role but didn't even get an interview. Could it have been "reasonable" to give her that post?

Read through Archibald v Fife council 2004

https://www.hrlaw.co.uk/site/news/archibald_v_fife_council.html

Lungboy

ohreally wrote: »

Read through Archibald v Fife council 2004

https://www.hrlaw.co.uk/site/news/archibald_v_fife_council.html

Thanks for the link. That seems to suggest offering a different job would be reasonable, which is good news. Does the updated Equality Act alter that though?

ohreally

Lungboy wrote: »

Thanks for the link. That seems to suggest offering a different job would be reasonable, which is good news. Does the updated Equality Act alter that though?

The DDA was incorporated into the EA 2010.

Be prepared for you wifes employer to start moving ahead with their own agenda, ticktock.

She needs to get her next moves right, obtain proper accountable advice.

Lungboy

ohreally wrote: »

The DDA was incorporated into the EA 2010.

Be prepared for you wifes employer to start moving ahead with their own agenda, ticktock.

She needs to get her next moves right, obtain proper accountable advice.

Thanks. Her solicitor advised going back to the company and mentioning discrimination.

ohreally

Lungboy wrote: »

Thanks. Her solicitor advised going back to the company and mentioning discrimination.

Then what? She needs to be proactive rather then start firefighting.

Do you have access to legal advice, perhaps through insurance or a lawcentre?

She needs to become focused and time aware as I suspect the situation will pick up pace.