Disability acts

dan8t3

Hi all I’ve had my first consultation meeting and have found that 2.5 days coming back off a 5 months furlough I have to do scenario tests which will be points scored so the 3 people with the lowest score will be redundant. My concern is I’ve been off for 5 months where people who haven’t been furloughed have a much greater chance than me for starters but also I had low self esteem during furlough and had counciling as well as being epileptic for ten years. Due to my epilepsy my medication shuts off specific parts of the brain so my memory isn’t as good. To me it is unfair to be asked after 2.5 days back to do a test where I haven’t worked for five months. I am aware of the disability act but is there any other legislation that I could use?

avawat20

Firstly it's not the disability act anymore, it's now in the Equality Act 2010. Part of their requirement under this as your employer is to CONSIDER any REASONABLE adjustments. Note the emphasis on those words.

Tell them everything you need to be able to perform (so if you need extra time etc.) and ask for this. Ask for everything, if it's not reasonable for them to implement they can turn it down but it doesn't sound like it will be much of an issue. If they can't implement anything then question it further - put everything in writing and make notes of conversations they have with you - ask them to provide details in writing or at least send it and say "this is a record of our conversation please let me know if you disagree". I know it can be scary to be honest about your disability with an employer but my advice would be to tell them it all, if you believe their is any discrimination then you can take them to tribunal (threatening and using ACAS is usually enough).

Masomnia

avawat20 said:

Firstly it's not the disability act anymore, it's now in the Equality Act 2010. Part of their requirement under this as your employer is to CONSIDER any REASONABLE adjustments. Note the emphasis on those words.

Tell them everything you need to be able to perform (so if you need extra time etc.) and ask for this. Ask for everything, if it's not reasonable for them to implement they can turn it down but it doesn't sound like it will be much of an issue. If they can't implement anything then question it further - put everything in writing and make notes of conversations they have with you - ask them to provide details in writing or at least send it and say "this is a record of our conversation please let me know if you disagree". I know it can be scary to be honest about your disability with an employer but my advice would be to tell them it all, if you believe their is any discrimination then you can take them to tribunal (threatening and using ACAS is usually enough).

Don't disagree with the advice here, but the duty is to make reasonable adjustments, not to 'consider' them. Employers could argue that an adjustment isn't reasonable though, of course.

avawat20

Masomnia said:

avawat20 said:

Firstly it's not the disability act anymore, it's now in the Equality Act 2010. Part of their requirement under this as your employer is to CONSIDER any REASONABLE adjustments. Note the emphasis on those words.

Tell them everything you need to be able to perform (so if you need extra time etc.) and ask for this. Ask for everything, if it's not reasonable for them to implement they can turn it down but it doesn't sound like it will be much of an issue. If they can't implement anything then question it further - put everything in writing and make notes of conversations they have with you - ask them to provide details in writing or at least send it and say "this is a record of our conversation please let me know if you disagree". I know it can be scary to be honest about your disability with an employer but my advice would be to tell them it all, if you believe their is any discrimination then you can take them to tribunal (threatening and using ACAS is usually enough).

Don't disagree with the advice here, but the duty is to make reasonable adjustments, not to 'consider' them. Employers could argue that an adjustment isn't reasonable though, of course.

True, I didn't word that well, they need go consider them and have a duty to make them if they are reasonable.