Tuesday Q&As

18.10.22

Some interesting questions this week on:

• Disability discrimination

• Historical breach of contract

• Leaving during your notice period

• extending the probationary period

• Disability - reasonable adjustments

• Notice period on change of contract from zero hours to full time

• Working time and the 48 hour week

• Redundancy, trial period and notice

• Is an emailed contract acceptable?

• Workplace bullying

---

Disability discrimination - reasonable adjustments

Q. Good morning Tim - quick question I’m now on long term sick due to being diagnosed with degenerative disc disease and cervical spondylosis of the spine I didn’t wanna stop working as a retail security guard so I asked my employer for reasonable adjustments I.e a seat to sit after doing patrols but was told that can’t happen so I said well I can’t stand 9hrs so the manager turn round and get a letter of your doctor unable to work and we will get rid of you that way so I said no I’ll go through proper procedures and went on sick on 25th of may my 28 weeks is up in December and my employer has not once contacted me to see how I am or how my mental health is I’ve never been in this situation before I’ve worked nearly 23 years and I don’t know what happens or what to do can you give me some advice.

A. You have been badly let down by your employer. You must first establish that your condition meets the criteria for a disability within the meaning of the Equality Act. That is:

If you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

• ‘substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed

• ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection

If you can satisfy these conditions your employer is under a duty to make reasonable adjustments and you have rightly suggested one - the provision of a chair. Their refusal is an example of discrimination and you have a right to claim in that respect. I suggest you write to them and raise an official grievance regarding the necessity for you to take sick leave (no doubt at reduced pay, i.e. SSP) and ask that they make up your back pay. Further, if they still refuse to supply the chair you should make the claim to the Employment Tribunal. You do not need to resign to do so, but you may feel after the grievance outcome that you have little choice but to do so. You should take legal advice as a matter of urgency.

---

Breach of contract 5 years ago

Q. I held a contract for grounds maintenance at a local business for many years as a s/e contractor. I personally carried out this daily contract myself. For 20 years. They changed my contract without my knowledge from annual to monthly. Then a Couple of years later, they cancelled contract all together and gave my contracts to Carrillion.