Forced to resign due to disability - need advice

Genuineguy03

_she'l

Haha Very funny shel.

Though I don't see how me stating that amounts to me recommending or advising the OP to go to tribunal - When I was obviously merely pointing out the consequence for the employer if they didn't make reasonable adjustments.

NeilCr

Genuineguy03 wrote: »

_she'l

Haha Very funny shel.

Though I don't see how me stating that amounts to me recommending or advising the OP to go to tribunal - When I was obviously merely pointing out the consequence for the employer if they didn't make reasonable adjustments.

No. You haven't.

But you have pretty much said to the OP that they would win a tribunal and get substantial damages if the manager does not do the "right thing". To my mind that is very dangerous given we've only heard one side of the case, we do not know the full facts and there are not that many successful ET claims.

Here are some stats that you may like to peruse

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/740313/Tribunal_and_GRC_statistics_Q1_201819_.pdf

OP

If you return please do take proper advice before considering any drastic action. The union will be your best starting point. I understand this is a very stressful time for you and your anxiety is bad but do not rely on the views of one poster (whoever that may be) on an Internet forum.

sangie595

I find it interesting that it is asserted that educational institutions have no defence on cost grounds to refuse "reasonable adjustments". Anyone claiming that clearly has no understanding of the sector at all. It is, in fact, entirely possible, because there are numerous sections of universities that are either stretched to the seams due to cuts, or funded in such ways that there is no capacity within the funding stream to adjust certain costs. Universities may have, overall, huge incomes. That is not the same thing as having spare money. In n fact, anyone reading the news recently will know that at least one university has had to be bailed out of insolvency. It's not likely to be the last in that situation either.

There is entirely too much advice on here telling people that the law protects them each and every one. It's not yet Christmas, and there is no Tiny Tim. The vast majority of employment tribunal claims fail. The law provides far fewer protections of any kind than some people would have us believe. But when you are following the advice of some anonymous poster on the internet whose told you that you've got rights (which you probably don't have) based on part of the story, and to demand them, do remember that when and if you are sacked, it's your own fault. Join a union, get legal insurance, whatever. But never depend on the advice of someone telling you what you want to hear.

FBaby

Both confirm reduction in hours is a reasonable adjustment.that an employer should consider. If said reduction in hours would enable the employee to remain in employment..

Isn't CONSIDER the key word here? So what it comes down to is a headed paper letter that says'dear employee, we have read and considered your request of reduced hours as a result of your disability. I am please to confirm that following a meeting that included HR, senior manager and the service manager, it has been concluded that due to the nature of the business, employing someone in your role on a PT basis would have a significant and nefast outcome on the financial/safety/commercial (whichever) needsl of the service.

It is sadly with regrets that I informed you that your request had to be tuned down, however, we would be prepared to consider you starting or finishing work 1 hour before/later than your current contracted hours.

Thank you very much. Box ticked!

Genuineguy03

@neil

I'm pretty sure the op is intelligent enough to see that what I was stating regarding the consqeunces her employer would face, was based merely on the outcome the off the two cases i referenced as case law directly above said statement.

Now your opinion and the stats you referenced don't change the outcome of the cases I referenced. Also don't forget the fact that many employers choose offer a settlement to their employee (former employee) prior to getting to tribunal, once their solicitors tell them they got no chance of winning. So its no surprise to see the stats on tribunal cases in the favour of the employer really. So they prove !!!!!! all really.

@sangie

1 - your merely speculating on the OPs employers finances

And 2 - reduction in hours means reduction in wages, therefore saving money, in simple terms. If they choose to employ someone to make up the hours or pass on some off the employees work load or duties to other current employees, is up to them.

@Fbaby

Sorry but you ain't ticked any box.

As its not as simple as you describe. The employer has to consider not just the request to make said readjustment, but also whether they have any justifiable reason to refuse. If they don't consider the latter and/or not able to demonstrate said reason to refuse said reasonable adjustment then they'll very likely loose should a claim for discrimination be made against them.

You can't just assume that because an employer may do what you described, that an employee won't make a claim against then that is either settled prior to tribunal or at tribunal with the employer on the loosing side.


Next....

LilElvis

I'm struggling to think of what "reasonable adjustments" the employer could be expected to make in order to accommodate sporadic, short term absences due to pain from an, as yet, undiagnosed condition which exacerbates the OPs anxiety. "Come to work as and when you feel up to it" is the only adjustment which appears to meet the situation but could hardly be considered to be reasonable.

Genuineguy03

Meant to say "If they don't consider the latter and/or not able to demonstrate said reason to refuse said reasonable adjustment, is justifiable"

Genuineguy03

Lilevis

But she does have a diagnoses - chronic pain - possibly due to endometriosis. Whether that diagnosis changes to chronic pain due to endometriosis, no one knows as yet.

LilElvis

Genuineguy03 wrote: »

Lilevis

But she does have a diagnoses - chronic pain - possibly due to endometriosis. Whether that diagnosis changes to chronic pain due to endometriosis, no one knows as yet.

So what reasonable adjustments would you suggest that the employer could make for the OP?

sangie595

@ our latest "expert"... I was not speculating on the employers finances. I was pointing it that assuming a university has a lot of money is speculating on their finances, something you don't know. You said they had plenty of money and couldn't claim cost as a defence. Which university is it? How much money do they have? You don't know? Then how did you speculate they could afford the adjustments?