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Discrimination

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  • Discrimination

    Evening.

    Could someone please advise me.
    i have worked with my employer for 4 years amd during this time have been ill woeking nights.
    i have a condition which i believe is covered with the Equality Act. I have asked on a few.occasions to come off nights but have been advised that they cant as there is not enough staff.
    i have had letters from GP and hospital requesting to come off nights but to no avail

    Is there anything i can do as i think i am goong to have to resign
    Tags: None

  • #2
    The condition that you have would it be considered a disability under the Equality Act? If so then you can ask your employer to consider reasonable adjustments to be made including a change to your hours of work to enable you to continue to do your job.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Comment


    • #3
      Thanks, yes my illness is considered under the equality act.my employer has advised that they are unable to as they do not have enough staff to do the nights

      Comment


      • #4
        Although there are staff who dont do nights

        Comment


        • #5
          If you have not already put a formal request in writing for reasonable adjustments to be made under the Equality Act, then I suggest that you need to do that.

          You will need to explain, supported by the letters from your GP and hospital that the reasonable adjustment you need to be made is to change your working hours to day time. Explain why given your disability it is difficult for you to work nights compared to someone without your disability and you need to prove that this is putting you at a "substantial disadvantage". Finish by asking them to consider your request but also ask them to respond within a certain time - 14 days is a reasonable time.

          By putting the request for a reasonable adjustment in writing with the GP and hospital letters you are now making this something that the company cannot ignore and they have to consider your request and make a response back to you
          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You canít always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment


          • #6
            As discussed in previous posts, your employer has a legal obligation to provide 'reasonable adjustments'.

            Based on the information you've already collected (from your GP) you should be able to make a good case in writing.

            Comment


            • #7
              Evening

              They have now acknowledged the above but are still refusing to take me off nights unless

              I reduce my hours to PT or

              Take a demoted post


              i dont want to do either of the above as i would feel totally humiliated and demoralised .
              As well as a big drop in wages. Does anyone have any thoughts

              Comment


              • #8
                I also feel that i am being harassed now

                Comment


                • #9
                  Just on the drop in wages issue, a reasonable adjustment would be to allow you to undertake a role at a lower rate of pay on the same salary as you currently have.
                  I do my best to provide good practical advice, however I do so without liability.
                  If you have any doubts then do please seek professional legal advice.


                  You canít always stop the waves but you can learn to surf.

                  You are braver than you believe, smarter than you think and stronger than you seem.



                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Comment


                  • #10
                    Thank you. I would feel humiliated at having to drop my role due to my disability but thanks

                    Comment


                    • #11
                      Bump

                      Comment


                      • #12
                        I am not sure if you have put anything formally in writing and the offer of part/time or a demoted post is a response to that. If so then you need to respond back and explain how you feel about the options that you have been given and that you do not feel that they are reasonable adjustments as required under the Equality Act.
                        I do my best to provide good practical advice, however I do so without liability.
                        If you have any doubts then do please seek professional legal advice.


                        You canít always stop the waves but you can learn to surf.

                        You are braver than you believe, smarter than you think and stronger than you seem.



                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Comment


                        • #13
                          Thank you i have submitted a grievamce

                          Comment


                          • #14
                            Please come back and let us know how you get on.
                            I do my best to provide good practical advice, however I do so without liability.
                            If you have any doubts then do please seek professional legal advice.


                            You canít always stop the waves but you can learn to surf.

                            You are braver than you believe, smarter than you think and stronger than you seem.



                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Comment


                            • #15
                              Will do

                              Comment

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