To tribunal or not to tribunal....that is the question?

Comms69

Masomnia wrote: »

I mean more that you said that you need to exhaust the grievance before you can claim CD. I don't see why you should have to. I think it could in some circumstances harm your case if you do. 'Why, Mr/Mrs Comms, if you truly believed that the trust and confidence in your employer had irevocably broken down, did you raise a grievance? Surely if you raised a grievance you believed that the situation could have been resolved?' 'Well if it could be resolved then the implied term wasn't irrevocably broken was it? You weren't constructively dismissed were you?' Kind of thing.

thats unfortunately not the arguement. The position is you cannot know if it has irrecoverably broken down without trying to fix it.

If you mean there is no statute that says you have to then no. But it's a brave/reckless employer that doesn't look into it. I don't see how the legislation could be read in any way other than a positive duty on the employer to see if reasonable adjustments are needed, and if they are then to make them. I read about a case a while ago about failure to make reasonable adjustments a while ago when the employer had already made some but didn't reduce the employee's workload (even though iirc she hadn't asked for it at the time) and she won. I remember thinking at the time that I'd bet my mortgage that this board would have told her to forget it. I'll look it up if anyone is interested. But it is a positive duty. The employer has to make reasonable adjustments if the employee is not able to fulfill the role at the level required of a non-disabled employee, and if they don't they are discriminating against the employee.

Ansolutely not, not all disabilities require reasonable adjustments, and the onus is on the employer to request an assessment.

I’ve never heard a reduction of workload to be considered a reasonable adjustment, but I suppose it depends on the job.

Please do send me the link.

That last sentence is NOT true. It is fundamentally wrong. Someone unable to perform their job as required, with or without adjustments, can be legally dismissed.